People v. Joyner
Opinion of the Court
Appeal by the People from an order of the Supreme Court, Queens County (Rotker, J.), dated September 27, 1985, which granted the defendant’s motion to dismiss the indictment.
Ordered that the order is reversed, on the law, and the indictment is reinstated.
The proper purpose of an indictment is to bring a defendant to trial upon a prima facie case which, if unexplained, would warrant a conviction (see, People v Lancaster, 69 NY2d 20; People v Brewster, 63 NY2d 419; People v Oakley, 28 NY2d 309; People v Fraser, 126 AD2d 740; CPL 70.10, 190.65). In our view, the evidence produced was sufficient to sustain the indictment, and Criminal Term erred in dismissing it (see, People v Jackson, 44 NY2d 935; People v Williams, 106 AD2d 786). Mangano, J. P., Bracken, Brown and Spatt, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.