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PEOPLE v. MILACCIO

91 A.D.2d 982 (1983)

The People of the State of New York, Appellant, v. Michael Milaccio, Respondent

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

January 3, 1983

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

Criminal Term dismissed the indictment, after an in camera inspection of the Grand Jury minutes, on the ground that the prosecutor failed to properly instruct the jury on the applicable law. However, Criminal Term failed to specify in what way the instructions were defective. We have examined the minutes and find that the Assistant District...

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