PEOPLE v. STAR SUPERMARKETS


67 Misc.2d 483 (1971)

The People of the State of New York, Plaintiff, v. Star Supermarkets, Inc., Defendant.

County Court, Monroe County.

September 7, 1971


Attorney(s) appearing for the Case

Jack B. Lazarus, District Attorney (Lewis Vallone of counsel), for plaintiff. Martin, Dutcher, Cooke Mousaw & Vigdor (Richard S. Mayberry and Richard F. Anderson of counsel), for defendant.


EDWARD O. PROVENZANO, J.

It is contended by the defense that the indictment should be set aside pursuant to sections 2-a and 245 of the Code of Criminal Procedure and subdivision 6 of section 10.00 and section 55.10 (subd. 3, par. [a]) of the Penal Law on the ground that the Monroe County Grand Jury lacked authority and jurisdiction to indict upon a finding of a violation as opposed to a crime.

The People contend that the offense for which the...

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