PEOPLE v. LA DUCA


172 A.D.2d 1054 (1991)

The People of the State of New York, Appellant, v. Joseph La Duca, Respondent

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

April 26, 1991


Order reversed on the law, motion denied, indictment reinstated and matter remitted to Supreme Court for further proceedings on the indictment.

Memorandum:

When reviewing a claim of insufficiency, the evidence before the Grand Jury must be viewed in the light most favorable to the People and the test is whether the evidence, if unexplained and uncontradicted, would warrant conviction by a petit jury (see, People v Jennings, 69...

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