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PEOPLE v. FERGUSON

55 Misc.2d 711 (1968)

The People of the State of New York, Plaintiff, v. Herman Benjamin Ferguson, Arthur Harris, Merle Stewart, George Samuels, Mendola McPherson, Abraham C. Taylor and Al Hayes, Defendants.

Supreme Court, Criminal Term, Queens County.

January 2, 1968

Attorney(s) appearing for the Case

Lynn, Spitz & Condon (Jean Condon of counsel), for defendants. Thomas J. Mackell, District Attorney (Sidney Baumgarten of counsel), for plaintiff.

J. IRWIN SHAPIRO, J.

This is a motion for "an order directing the dismissal of the indictment herein upon the ground that the Grand Jury which returned said indictment was unconstitutionally selected and therefore did not acquire jurisdiction to charge the defendants above-named * * *." Before dealing with the merits it is necessary to point out some procedural defects in the making of the motion.

The...

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