People v. Elioff
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Onondaga County Court (Donald E. Todd, A.J.), dated August 7, 2012. The order, insofar as appealed from, granted without prejudice that part of the motion of defendant seeking to dismiss the indictment on the grounds of defective grand jury proceedings.
It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law, that part of defendant’s omnibus motion seeking to dismiss the indictment is denied, the indictment is reinstated and the matter is remitted to Onondaga County Court for further proceedings on the indictment.
Memorandum:…
2Cases cited11 opinions
- People v. HustonNew York Court of Appeals · 1996
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- People v. PapernoNew York Court of Appeals · 1981
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- People v. CareyAppellate Division of the Supreme Court of the State of New York · 1997
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