PEOPLE v. CORNACHIO


46 A.D.2d 690 (1974)

The People of the State of New York, Appellant, v. John J. Cornachio, Respondent

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

October 28, 1974


Order affirmed, with leave to the People, as requested by the District Attorney on the oral argument of this appeal, to resubmit the matter to another Grand Jury.

Under the circumstances herein, the testimony of the two witnesses who were not present when the incident occurred should not have been presented. Their testimony as to the situation that existed in the area was prejudicial, thereby rendering the Grand Jury proceedings defective. We have considered no...

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