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PEOPLE v. COLLERAN

33 A.D.2d 1039 (1970)

The People of the State of New York, Appellant, v. William Colleran, Respondent

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

February 16, 1970

Order affirmed, with leave to the People to resubmit the case to another Grand Jury. The motion to dismiss the indictment was properly granted, since the evidence adduced before the Grand Jury, absent the suppressed confession, is insufficient to sustain the indictment.

However, this objection may be avoided in a new indictment.

Beldock, P. J., dissents and votes (1) to reverse the order, (2) to deny...

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