PEOPLE v. LAKE


127 A.D.2d 965 (1987)

The People of the State of New York, Appellant, v. Richard K. Lake, Respondent

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

February 27, 1987


Order unanimously reversed on the law and indictment reinstated.

Memorandum:

We disagree with County Court that the evidence before the Grand Jury was legally insufficient to establish the offense of murder, second degree, or a lesser included offense. The Grand Jury may indict where the People present evidence establishing a prima facie case. The degree of certitude the grand jurors must possess is "`reasonable cause'" not "`beyond a reasonable doubt'" or...

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