PEOPLE v. CAREY


120 Misc.2d 862 (1983)

The People of the State of New York, Plaintiff, v. Gerald J. Carey, Jr., Defendant.

County Court, Suffolk County.

July 28, 1983


Attorney(s) appearing for the Case

John F. Middlemiss and Edward J. Vitale for defendant. Patrick Henry, District Attorney (Richard Murray of counsel), for plaintiff.


HARVEY W. SHERMAN, J.

The defendant is charged in indictment number 876-83 with one count of arson in the third degree.

Upon the motion of the defendant with the consent of the District Attorney the court has conducted an in camera examination of the Grand Jury testimony and finds that the evidence submitted to the Grand Jury was legally insufficient to support the indictment and furthermore improper instructions of the prosecutor at the...

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