PEOPLE v. McCARTHY


126 A.D.2d 935 (1987)

The People of the State of New York, Appellant, v. Joseph P. McCarthy, Respondent

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

January 23, 1987


Order unanimously reversed, on the law, and motion denied.

Memorandum:

The court erred in dismissing the indictment because of legal insufficiency.

The indictment charged defendant with reckless endangerment in the first degree (Penal Law § 120.25), criminal mischief in the fourth degree (Penal Law § 145.00 [1]), and falsely reporting an incident in the third degree (Penal Law § 240.50 [3]). The testimony before the Grand Jury was that...

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