PEOPLE v. MARTINEZ


164 Misc.2d 314 (1995)

624 N.Y.S.2d 783

The People of the State of New York, Plaintiff, v. Oscar Martinez, Defendant.

Supreme Court, Queens County.

March 9, 1995


Attorney(s) appearing for the Case

Schneider & Horwitz, P. C., New York City (Graham Mark Schneider of counsel), for defendant. Richard A. Brown, District Attorney of Queens County, Kew Gardens (Robert J. Schwerdt of counsel), for plaintiff.


STEVEN W. FISHER, J.

The principal issue presented on this motion involves the options available to a prosecutor who believes that a Grand Jury has returned findings that are legally or factually inconsistent.

In the early morning hours of August 7, 1994, Robert McCargo was set upon and killed by a group of men outside the catering hall where he worked as a bouncer at 61st Street and Roosevelt Avenue...

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