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PEOPLE v. D'ANDREA

26 Misc.2d 95 (1960)

The People of the State of New York, Plaintiff, v. Moses D'Andrea, Vincenzo Buffalino, Joseph Lumetta and John Dell Italia, Defendants.

County Court, Kings County.

September 15, 1960

Attorney(s) appearing for the Case

Edward S. Silver, District Attorney (David Diamond and Frank Di Lalla of counsel), for plaintiff. Joseph Lewis Simon for Joseph Lumetta, defendant.

NATHAN R. SOBEL, J.

The defendant Lumetta, heretofore granted an inspection of the Grand Jury minutes, moves to dismiss the indictment charging him with manslaughter, first degree, and two counts of felonious assault, on the grounds that:

1. The evidence before the Grand Jury is insufficient as a matter of weight to warrant the indictment.

2. The evidence before the Grand Jury is insufficient...

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