PEOPLE v. BURKE


30 A.D.2d 252 (1968)

The People of the State of New York, Appellant, v. Lucius Burke, Respondent The People of the State of New York, Appellant, v. Antonio Barreras, Orlando H. Vega, and Miguel Eden Hernandez, Respondents

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

June 27, 1968.


Attorney(s) appearing for the Case

John C. Little, Jr., District Attorney (Nicholas P. Varlan of counsel), for appellant.

John T. Donovan for Lucius Burke, respondent.

Charles F. Crimi for Orlando H. Vega and Miguel Eden Hernandez, respondents.

Leon N. Armer for Antonio Barreras, respondent.

BASTOW, P. J., GOLDMAN, DelVECCHIO, MARSH and WITMER, JJ., concur.


Per Curiam.

On these appeals by the People from orders which sustained demurrers and dismissed the indictments against the several defendants, the basic challenge is to the validity of the indictments in simplified form as permitted by chapter III-a of the Code of Criminal Procedure (§§ 295-a — 295-l).

The constitutionality of such simplified forms of indictment must be judged in the light of the appropriate provisions of the United...

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