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PEOPLE v. NAPOLI

66 N.Y.2d 812 (1985)

The People of the State of New York, Appellant, v. Frank Di Napoli, Respondent.

Court of Appeals of the State of New York.

Decided November 14, 1985.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Emily Berger and Norman Barclay of counsel), for appellant.

John J. Privitera for respondent.

Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE.

Order reversed, defendant's motion to dismiss the indictment denied, and indictment reinstated. Having reviewed the transcript of the testimony before the Grand Jury, we agree with the dissenter at the Appellate Division that the circumstantial evidence presented was such that "if unexplained and uncontradicted would warrant conviction by a trial jury" and thus was legally sufficient (People v Pelchat, 62...

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