PEOPLE v. BATISTA


233 A.D.2d 457 (1996)

650 N.Y.S.2d 23

The People of the State of New York, Appellant, v. Jose Batista, Respondent

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

November 18, 1996


Ordered that the order is reversed, on the law, that branch of the defendant's omnibus motion which was to dismiss the indictment on the ground that the Grand Jury proceeding was defective is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings, including a determination of the remaining branches of the defendant's omnibus motion.

The Supreme Court dismissed the indictment based on its conclusion...

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