People v. Tomaino
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment reversed on the law and indictment dismissed with leave to the People to apply to Supreme Court for an order permitting resubmission of the charge to another Grand Jury. Memorandum: Defendant was convicted after a jury trial of murder in the second degree (Penal Law § 125.25 [1]) in connection with the death of his wife (decedent) on November 18, 1990. The death was initially thought to be a suicide and, after an exhaustive investigation, the Grand Jury refused in September 1991 to indict defendant for murder. In December 1991 the Erie County District Attorney was appointed special…
2Cases cited22 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- Marron v. United StatesSupreme Court of the United States · 1927
- People v. TaranovichNew York Court of Appeals · 1975
- People v. HustonNew York Court of Appeals · 1996
- People v. WilliamsNew York Court of Appeals · 1994
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3Cited by10 opinions
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- People v. ScottAppellate Division of the Supreme Court of the State of New York · 2001
- In re the Grand Jury Investigation of the Death of DialloNew York Supreme Court · 1999
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