PEOPLE v. BANVILLE


134 A.D.2d 116 (1988)

The People of the State of New York, Respondent, v. Vincent Banville, Jr., Appellant

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

January 11, 1988


Attorney(s) appearing for the Case

Schoer & Sileo (Gary Schoer of counsel), for appellant.

Patrick Henry, District Attorney (Emily A. Constant of counsel), for respondent.

MANGANO, J. P., LAWRENCE and WEINSTEIN, JJ., concur.


EIBER, J.

At issue is the propriety of a procedure, commonly employed by prosecutors of the various counties within this Department, whereby a superior court information is utilized to prosecute a defendant, notwithstanding the fact that the Grand Jury had returned an indictment prior to the submission of the information. For the reasons which follow, we conclude that the foregoing procedure is statutorily impermissible...

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