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Legal Opinion

People v. Batashure

New York Court of Appeals

Decided February 20, 1990PublishedCited by 39 opinions

1Opinion of the Court

OPINION OF THE COURT

Kaye, J.

CPL 190.65 (1) sets out standards for when a Grand Jury is authorized to indict a person for an offense, but the statute does not specify who is to determine whether those standards are satisfied — the Grand Jury itself, or the District Attorney (its legal advisor). This appeal, centering on the statutory standard of legal sufficiency, calls upon us to resolve that open question.

This case is before us on the People’s appeal from an order affirming the dismissal of an indictment charging defendant with second degree grand larceny. The indictment was dismissed on the…

2Cases cited8 opinions

  1. People v. JenningsNew York Court of Appeals · 1986
  2. People v. Calbud, Inc.New York Court of Appeals · 1980
  3. People v. DarbyNew York Court of Appeals · 1990
  4. People v. NievesNew York Court of Appeals · 1986
  5. People v. . LedwonNew York Court of Appeals · 1897

3 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. People v. HustonNew York Court of Appeals · 1996
  2. People v. DarbyNew York Court of Appeals · 1990
  3. People v. CaracciolaNew York Court of Appeals · 1991
  4. People v. SamuelsAppellate Division of the Supreme Court of the State of New York · 2004
  5. People v. WootenAppellate Division of the Supreme Court of the State of New York · 2001

34 more not listed; retrieve them via the Exa API.

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