People v. Banville
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Eiber, J.
At issue is the propriety of a procedure, commonly employed by prosecutors of the various counties within this Department, whereby a superior court information is utilized to prosecute a defendant, notwithstanding the fact that the Grand Jury had returned an indictment prior to the submission of the information. For the reasons which follow, we conclude that the foregoing procedure is statutorily impermissible and that the judgment of conviction must, therefore, be reversed.
I
By Suffolk County indictment No. 1010/82, the defendant, Vincent Banville, Jr., was…
2Cases cited21 opinions
- Patterson v. New YorkSupreme Court of the United States · 1977
- People v. PattersonNew York Court of Appeals · 1976
- People v. CaseNew York Court of Appeals · 1977
- People v. FernandezNew York Court of Appeals · 1986
- People Ex Rel. Battista v. ChristianNew York Court of Appeals · 1928
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3Cited by19 opinions
- People v. UdzinskiAppellate Division of the Supreme Court of the State of New York · 1989
- People v. BostonNew York Court of Appeals · 1990
- People v. LibbyAppellate Division of the Supreme Court of the State of New York · 1998
- People v. D'AmicoAppellate Division of the Supreme Court of the State of New York · 1989
- Cummings v. KoppellAppellate Division of the Supreme Court of the State of New York · 1995
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