PEOPLE v. FERRARA


82 Misc.2d 270 (1975)

The People of the State of New York, Plaintiff, v. Joseph Ferrara, Sr., and Joseph Ferrara, Jr., Defendants.

County Court, Special Term, Nassau County.

June 10, 1975


Attorney(s) appearing for the Case

Eugene J. McMahon for defendants. Denis Dillon, District Attorney, for plaintiff.


RICHARD C. DELIN, J.

The defendants move this court for an order dismissing these indictments on the grounds that:

1) the evidence before the grand jury was legally insufficient to support the crimes alleged (CPL 210.20, subd [1], par [b]);

2) the grand jury proceeding was defective due to the District Attorney's failure to instruct the jurors as to an affirmative defense (CPL 210.20, subd [1], par [c]; and

3) dismissal is required...

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