Legal Opinion

People v. Cahill

Appellate Division of the Supreme Court of the State of New York

Decided October 18, 1976PublishedCited by 1 opinion

1Opinion of the Court

Appeal by the People from an order of the Supreme Court, Queens County, dated May 14, 1976, which, inter alia, upon inspection of the Grand Jury minutes, dismissed the indictment. Order reversed, on the law, defendants’ motion denied insofar as it sought dismissal of the indictment, and indictment reinstated. The evidence presented to a Grand Jury must be the equivalent of prima facie proof that the crime charged has been committed (People v Peetz, 7 NY2d 147, 149; accord People v Mayo, 36 NY2d 1002; People v Haney, 30 NY2d 328, 335-336). The evidence before the Grand Jury on the instant…

2Cases cited3 opinions

  1. People v. HaneyNew York Court of Appeals · 1972
  2. People v. MayoNew York Court of Appeals · 1975
  3. People v. PeetzNew York Court of Appeals · 1959

3Cited by1 opinion

  1. People v. StantonAppellate Division of the Supreme Court of the State of New York · 1979

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