PEOPLE v. ROTHSTEIN


31 A.D.2d 935 (1969)

The People of the State of New York, Appellant, v. Emanuel Rothstein, Respondent, et al., Defendant

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

March 3, 1969


Order reversed, on the law and the facts, motion denied and indictment reinstated.

The learned Justice at Criminal Term dismissed the indictment on the ground that the evidence presented to the Grand Jury was insufficient to sustain it. It is undisputed that the evidence would be sufficient if the testimony of Harvey Wohl, respondent's accomplice, were corroborated by such other proof as satisfied the requirements of section 251 of the Code of Criminal Procedure....

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