People v. Masselli
Opinion of the Court
Appeal by defendants: (1) from judgments of the County Court, Nassau County, rendered February 4, 1960, convicting them, after a jury trial, of kidnapping, robbery in the first degree, grand larceny in the first degree and assault in the second degree, and imposing sentence; and (2) from every intermediate order made in the actions. Judgments reversed on the law and the facts, and indictment dismissed pursuant to section 668 of the Code of Criminal Procedure; such dismissal being without prejudice to the right of the People, if so advised, to take further proceedings as authorized by section 673 of the Code of Criminal Procedure. In our opinion, defendants’ motion to dismiss the indictment, made before trial, should have been granted. The People failed to sustain their burden of showing
Case-law data current through December 31, 2025. Source: CourtListener bulk data.