Legal Opinion

People v. Carey

New York County Courts

Decided July 28, 1983PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Harvey W. Sherman, J.

The defendant is charged in indictment number 876-83 with one count of arson in the third degree.

Upon the motion of the defendant with the consent of the District Attorney the court has conducted an in camera examination of the Grand Jury testimony and finds that the evidence submitted to the Grand Jury was legally insufficient to support the indictment and furthermore improper instructions of the prosecutor at the Grand Jury leaves this court no alternative but to grant defendant’s oral request for dismissal on the grounds of insufficiency. It is not…

2Cases cited15 opinions

  1. People v. Calbud, Inc.New York Court of Appeals · 1980
  2. People v. RalloAppellate Division of the Supreme Court of the State of New York · 1975
  3. Palmer v. State Farm Mutual Automobile Insurance Co.Tennessee Supreme Court · 1981
  4. People v. AndersonAppellate Division of the Supreme Court of the State of New York · 1981
  5. People v. ChaffeeAppellate Division of the Supreme Court of the State of New York · 1973

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3Cited by2 opinions

  1. People v. Kennedy, New York County Courts1985
  2. Dupra v. BenoitAppellate Division of the Supreme Court of the State of New York · 2000

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