People v. Gallo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Birns, J.
James Gallo was tried under an indictment which charged him with the crime of murder in the second degree. The jury was unable to reach a verdict. A mistrial was declared. Thereafter, responding to defendant’s motions made at the close of the People’s case and at the end of the trial, the court issued a trial order dismissing the indictment on the ground that the evidence was legally insufficient.
We disagree. We would reverse, reinstate the indictment and remand for a new trial.
On this appeal by the People from the order (CPL 450.20), the issue before us is…
2Cases cited13 opinions
- United States v. PerezSupreme Court of the United States · 1824
- Serfass v. United StatesSupreme Court of the United States · 1975
- People v. BenzingerNew York Court of Appeals · 1974
- United States v. SanfordSupreme Court of the United States · 1976
- People v. BrownNew York Court of Appeals · 1976
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3Cited by14 opinions
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- People v. Man Lee LoAppellate Division of the Supreme Court of the State of New York · 1986
- People v. CapellaAppellate Division of the Supreme Court of the State of New York · 1985
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