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PEOPLE v. BAREIKA

11 A.D.2d 292 (1960)

The People of the State of New York, Plaintiff, v. Harry Bareika, Harry Bareika, Inc., Walter Motor Truck Company and Rand-MacMurray, Inc., Defendants

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 27, 1960.

Attorney(s) appearing for the Case

Bernard Tompkins, Special Assistant Attorney-General, for plaintiff.

De Graff, Foy, Conway & Holt-Harris for Walter Motor Truck Company, defendant.

Charles H. Stoll for Rand-MacMurray, Inc., defendant.

John E. Egan for Harry Bareika, Inc., and Harry Bareika, defendants.

BERGAN, P. J., COON, GIBSON and REYNOLDS, JJ., concur.

HERLIHY, J.

The testimony before the Grand Jury was spaced over a period of five and one-half months. At the conclusion of the final session, the Assistant Attorney-General moved for an indictment and thereafter, the foreman reported on behalf of the Grand Jury a verdict in favor of an indictment in violation of section 580 of the Penal Law. The indictment was thereafter prepared and signed by the foreman but...

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