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PEOPLE v. RIOS

78 A.D.2d 642 (1980)

The People of the State of New York, Appellant, v. Angel Rios, Respondent

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

October 6, 1980

Order reversed, on the law, motion denied and indictment reinstated.

CPL 190.71 (subd [b]) clearly limits the removal power of the Grand Jury to situations where three enumerated conditions are met. Since one of the requisites for Grand Jury removal of a charge against an accused juvenile offender to the Family Court is that the criminal act committed is one for which it may not indict (CPL 190.71, subd [b], par [1]), and since CPL 190.71 (subd [a]) expressly...

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