PEOPLE v. McINTYRE


77 A.D.2d 810 (1980)

The People of the State of New York, Appellant, v. Roy McIntyre, Jr., Respondent

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

July 10, 1980


Order unanimously reversed and indictment reinstated.

Memorandum:

The defendant had been indicted for a violation of section 263.05 of the Penal Law resulting from his having taken a number of Polaroid photographs of his 12-year-old niece in various degrees of undress and in various postures. County Court dismissed the indictment, holding that the evidence before the Grand Jury was not legally sufficient under the statute to establish that defendant had used...

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