People v. DeRue
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1028First, we find that the court invaded the province of the Grand Jury when it found that copies of certain invoices, submitted by the Attorney-General as evidence to support counts four, five, eight, nine and twelve, were illegible. Pursuant to CPL 190.65 (1) (a) and (b), an indictment must be supported by legally sufficient evidence, and "competent and admissible evidence” must provide reasonable cause to believe that such person committed such offense. The standard of review on a motion to dismiss an indictment is "whether there was 'competent evidence which, if accepted as true, would…
2Cases cited7 opinions
- People v. JenningsNew York Court of Appeals · 1986
- People v. Warner-Lambert Co.New York Court of Appeals · 1980
- People v. MikuszewskiNew York Court of Appeals · 1989
- People v. NicholasAppellate Division of the Supreme Court of the State of New York · 1979
- People v. ErcegAppellate Division of the Supreme Court of the State of New York · 1981
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- People v. PerryAppellate Division of the Supreme Court of the State of New York · 1993
- People v. CardenasAppellate Division of the Supreme Court of the State of New York · 1997
- People v. PalmerCriminal Court of the City of New York · 1998
- People v. PorpigliaAppellate Division of the Supreme Court of the State of New York · 1995
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1995
6 more not listed; retrieve them via the Exa API.