People v. Colon

Order of the Supreme Court, Bronx County (John P. Collins, J.), entered October 2, 1987, which granted defendant’s motion for dismissal of the indictment No. 2773/87, with leave to re-present to the Grand Jury, is unanimously reversed, on the law, and the indictment reinstated.

Justo Cesar Madern testified before the Grand Jury that on August 7, 1985, he observed defendant and another, while riding in a car driven by defendant, chase after and shoot one Philip Yuan. Mr. Yuan later died as a result of injuries sustained in the shooting. Mr. Madern testified he had known defendant for about five…