PEOPLE v. SIMS


59 A.D.2d 546 (1977)

The People of the State of New York, Respondent, v. Nathaniel Sims, Appellant

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

August 1, 1977


Judgment and order reversed, on the law, and indictment dismissed.

It is undisputed that the defendant was arrested upon a felony complaint on May 6, 1974 for an alleged burglary which took place on April 12, 1974. After a preliminary hearing in the Greenburgh Town Court on May 14, 1974, all charges were dismissed. Subsequently, on May 28, 1974, the matter was presented to the Grand Jury, which handed up an indictment, together with an unsigned bench warrant for execution...

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