PEOPLE v. JOHNSON


160 A.D.2d 1024 (1990)

The People of the State of New York, Appellant, v. Neil Johnson, Also Known as Freddie Johnson, and Michael Dayao, Respondents

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

April 30, 1990


Ordered that the orders are reversed insofar as appealed from, on the law, those branches of the defendants' separate motions which were to dismiss indictment number 649/89 against them are denied in their entirety, and the matter is remitted to the Supreme Court, Queens County, for further proceedings on the indictment.

Pursuant to CPL 210.20 (1) (b), the court may dismiss the indictment where "[t]he evidence before the grand jury was not legally sufficient to establish...

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