PEOPLE v. COPPA


57 A.D.2d 189 (1977)

The People of the State of New York, Appellant, v. Frank Coppa, Respondent

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

May 2, 1977


Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Peter A. Norling of counsel), for appellant.

Paul A. Lemole for respondent.

RABIN, Acting P.J., and TITONE, J., concur with SHAPIRO, J.; O'CONNOR, J., dissents and votes to reverse the order and reinstate the indictment, with an opinion.


SHAPIRO, J.

The People appeal from an order of the Supreme Court, Kings County, dated August 17, 1976, granting the defendant-respondent's motion to dismiss the indictment because of the prosecutor's alleged failure, in his opening statement to the jury, to state a prima facie case. We dismiss the appeal.

The defendant was charged in the indictment with two counts of grand larceny in the second degree...

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