People v. Duke

Appeal by the People from an order dismissing an indictment for abortion *830as to one of three defendants. Aside from some harmless, irrelevant and incompetent testimony, there was ample proof submitted to the grand jury which, unexplained or uncontradieted, would warrant a conviction by a trial jury. Order dismissing indictment reversed on the law, motion to dismiss the indictment denied and indictment reinstated. Lazansky, P. J., Young, Carswell, Tompkins and Johnston, JJ., concur.