PEOPLE v. FUTIA


113 Misc.2d 651 (1982)

The People of the State of New York, Plaintiff, v. Vincent Futia, Defendant.

Supreme Court, Trial Term, New York County.

March 29, 1982


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Christopher Chang of counsel), for plaintiff. Garvin Smith and Janice E. Taylor for defendant.


BENJAMIN ALTMAN, J.

From the 11th century on in all Anglo-Saxon criminal proceedings against an accused, the prosecution had to show "its colors," i.e., to provide a reasonable cause to believe the accused committed the offense. Today, in the instant case, the prosecution desires to change legal history.

The issue is (and perhaps it is one of first impression): does the prosecution in a Grand Jury proceeding have the initial steps or burden of...

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