PEOPLE v. CALBUD, INC.


49 N.Y.2d 389 (1980)

The People of the State of New York, Appellant, v. Calbud, Inc., Doing Business as Mayfair Theatre, Marvin Muchnick, Also Known as Buddy March and Calvin Young, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 14, 1980.


Attorney(s) appearing for the Case

John J. Santucci, District Attorney (James Clark Quinn of counsel), for appellant.

Seymour S. Detsky and Herbert S. Kassner for T.Q. Theatre Corp. and others, respondents.

Harry H. Burstein and Stanley H. Fischer for Meridian Time Corp. and another, respondents.

Edward Gasthalter for Evsten Theatres, Inc., and others, respondents.

Chief Judge COOKE and Judges JONES and FUCHSBERG concur with Judge GABRIELLI; Judge MEYER concurs in a separate opinion in which Judges JASEN and WACHTLER concur.


GABRIELLI, J.

The People appeal from an order of the Appellate Division, which affirmed a decision of Supreme Court dismissing the indictments against defendants. The sole question presented by the People's appeal is whether the District Attorney's legal instruction to the Grand Jury impaired the integrity of that body's deliberations and thereby rendered the indictments "defective" within the meaning of CPL...

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