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PEOPLE v. COLLIER

72 N.Y.2d 298 (1988)

The People of the State of New York, Respondent, v. Carl Collier, Appellant.

Court of Appeals of the State of New York.

Decided July 6, 1988.

Attorney(s) appearing for the Case

Spiros A. Tsimbinos and William S. Kohn for appellant.

Elizabeth Holtzman, District Attorney (Peter A. Weinstein, Barbara D. Underwood and Moira E. Casey of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur with Judge KAYE; Judge TITONE concurs in a separate opinion in which Judge HANCOCK, JR., also concurs.

KAYE, J.

A vote to indict by 12 jurors, each of whom has heard all the critical and essential evidence presented and the charge, satisfies statutory requirements for a valid indictment. The full 16-juror quorum need not deliberate and vote.

Defendant was arrested on January 20, 1984. Allegedly, he and five accomplices, armed with guns and knives, had robbed the cashier of a Kansas Fried Chicken store...

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