Legal Opinion

People v. Liggins

Appellate Division of the Supreme Court of the State of New York

Decided September 10, 1990Published

1Opinion of the Court

Appeal by the People from an order of the Supreme Court, Queens County (Lakritz, J.), dated January 5, 1990, which granted the defendant’s application to dismiss the indictment without leave to the People to re-present the case to another Grand Jury.

Ordered that the order is affirmed.

In determining a motion to dismiss an indictment on the ground of legal insufficiency, the inquiry is whether the evidence, if viewed in the light most favorable to the People and if unexplained and uncontradicted, would warrant conviction by a petit jury (see, People v Jennings, 69 NY2d 103; People v Scott, 131…

2Cases cited3 opinions

  1. People v. JenningsNew York Court of Appeals · 1986
  2. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1987
  3. People v. ScottAppellate Division of the Supreme Court of the State of New York · 1987

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