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PEOPLE v. BUSZAK

185 A.D.2d 621 (1992)

The People of the State of New York, Appellant, v. David Buszak, Respondent. (Appeal No. 2.)

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

July 14, 1992

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

Memorandum:

County Court improperly dismissed the indictment. There was legally sufficient evidence before the Grand Jury to establish a prima facie case (see, People v Avant, 33 N.Y.2d 265). County Court also erred in concluding that the District...

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