PEOPLE v. JOHN


76 Misc.2d 582 (1973)

The People of the State of New York, Plaintiff, v. Armstrong John et al., Defendants.

Supreme Court, Special and Trial Term, Erie County.

November 16, 1973


Attorney(s) appearing for the Case

Robert E. Fischer, Deputy Attorney-General (Maxwell B. Spoont of counsel), for plaintiff. Donald L. Jelinek for Armstrong John and others, defendants. Thomas C. Hartzell for Robert Johnson, defendant. Sean D. M. Hill for Alphonso Ross, defendant. Thomas S. Labin for Carl Jones, defendant. Leonard Klaif for James Moore, defendant. James L. Kemp for Willy Smith, defendant. Richard Bilello, defendant in person. Frank Smith, defendant in person. Bernard Stroble, defendant in person.


CHARLES J. GAUGHAN, J.

The above-captioned defendants have moved to dismiss the above indictments upon numerous grounds. They raise more than 35 points. Their claims, however, can be grouped into six categories. They claim (1) that the Grand Jury which returned the indictments was improperly formed and that it acted improperly, (2) that the indictments and the counts thereof are defective, (3) that the defendants...

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