Majority
p. 868The People of the State of New York, Appellant, v. Howard Morgen, Respondent.
Appeal by the People from so much of an order of the Supreme Court, Kings County, entered on June 6, 1972, which granted defendant’s motion to dismiss the indictment. Order reversed, on the law and the facts, and indictment reinstated. In our opinion, the evidence before the Grand Jury was sufficient to sustain the indictment (People v. Peluso, 29 N Y 2d 605 ;■ People v. Eckert, 2 N Y 2d 126 ). Hopkins, Acting P. J., Martuscello, Shapiro, Christ and Brennan, JJ., concur.
Cases cited
- People v. Peluso 29 N Y 2d 605 p. 868
- People v. Eckert 2 N Y 2d 126 p. 868