People v. Hajdnak

Appeal by the People from an order of the County Court, Orange County (Byrne, J.), dated January 11, 1989, which granted the defendant’s motion to dismiss the indictment.

Ordered that the order is reversed, on the law, the indictment is reinstated, and the matter is remitted to the County Court, Orange County, for further proceedings.

The proper standard for reviewing the sufficiency of evidence presented to the Grand Jury in support of an indictment is "legal sufficiency”, defined as competent evidence which, if accepted as true, would establish every element of the offense charged (CPL 70.10…