PEOPLE v. BANNER


59 A.D.2d 621 (1977)

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

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

September 26, 1977


Order reversed, on the law, and indictment reinstated.

No findings of fact were presented for review. The evidence presented to the Grand Jury was legally sufficient to sustain the indictment charging defendant-respondent with reckless endangerment in the first degree (see CPL 190.65, subd 1; 210.20, subd 1, par [b]; Penal Law, § 120.25). Under the circumstances of this case, it was not prejudicial error for the prosecutor...

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