People v. Hester

Order, Supreme Court, New York County (Brenda S. Soloff, J.), entered January 10, 1986, dismissing the indictment against defendants Messrs. Roy Hester (Mr. Hester) and Elliott Walker (Mr. Walker), is unanimously affirmed; however, leave is granted to the People to resubmit the matter to a new Grand Jury.

During the morning of July 25, 1985, New York City Police Officer Kenneth Donahue (Officer Donahue) stopped a livery cab, transporting three passengers, for a traffic infraction, at 110th Street and Seventh Avenue, New York County. The three passengers, later identified as Messrs. Clarence…