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PEOPLE v. BATASHURE

75 N.Y.2d 306 (1990)

The People of the State of New York, Appellant, v. Shimkon Batashure, Also Known as Shimkon Batoshvili, Respondent.

Court of Appeals of the State of New York.

Decided February 20, 1990.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Mark Dwyer and Ellyn Polshek of counsel), for appellant.

Leonard I. Ressler for respondent.

Chief Judge WACHTLER and Judges SIMONS, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge ALEXANDER taking no part.

KAYE, J.

CPL 190.65 (1) sets out standards for when a Grand Jury is authorized to indict a person for an offense, but the statute does not specify who is to determine whether those standards are satisfied — the Grand Jury itself, or the District Attorney (its legal advisor). This appeal, centering on the statutory standard of legal sufficiency, calls upon us to resolve that open question.

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