PEOPLE v. ENGLISH


138 A.D.2d 831 (1988)

The People of the State of New York, Appellant, v. Donna M. English, Respondent

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

March 10, 1988


Kane, J. P.

A Grand Jury indicted defendant for the crime of grand larceny in the fourth degree (Penal Law § 155.30 [1]). The question on the instant appeal is whether County Court properly dismissed the indictment on the ground that it was legally insufficient. Legally sufficient evidence is defined as "competent evidence which, if accepted as true, would establish every element of an offense charged and the defendant's commission thereof" (CPL...

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