Appellate Division of the Supreme Court of New York, 1974

People v. Cornachio

People v. Cornachio
Appellate Division of the Supreme Court of New York · Decided October 28, 1974
46 A.D.2d 690; 360 N.Y.S.2d 266; 1974 N.Y. App. Div. LEXIS 3820
People v. Cornachio

Opinion of the Court

Appeal by the People from an order of the County Court, Nassau County, entered December 24, 1973, which granted defendant’s motion to dismiss the indictment. Order affirmed, with leave to the People, as requested by the District Attorney on the oral argument of this appeal, to resubmit the matter to another Grand Jury. Under the circumstances herein, the testimony of the two witnesses who were not present when the incident occurred should not have been presented. Their testimony as to the situation that existed in the area was prejudicial, thereby rendering the Grand Jury proceedings defective. We have considered no other issues. Martuscello, Acting P. J., Latham, Cohalan, Brennan and Munder, JJ., concur.

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