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PEOPLE v. COPPA

45 N.Y.2d 244 (1978)

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

Court of Appeals of the State of New York.

Decided July 11, 1978.

Attorney(s) appearing for the Case

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

Paul E. Lemole for respondent, precluded.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and Cooke concur.

WACHTLER, J.

The People appeal from an order of the Appellate Division which dismissed an appeal taken to that court. The Appellate Division held that the People may not appeal to an intermediate appellate court when the trial court, relying on CPL 210.20, dismisses an indictment on the ground that the prosecutor failed to state a prima facie case during his opening statement to the jury.

In 1974 a Kings...

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