PEOPLE v. GALE


24 A.D.2d 697 (1965)

The People of the State of New York, Appellant, v. Lester Gale, Respondent

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

July 22, 1965


REYNOLDS, J.

We concur with the finding of the court below that despite sufficient legal evidence to support the indictment, the presence of "Certain hearsay evidence of a prejudicial nature" required a dismissal of the indictment and a resubmission to the Grand Jury and that in this case receipt of the hearsay evidence was prejudicial to the defendant.

Order affirmed, without costs.

Herlihy, J. P., dissents, and votes to...

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