PEOPLE v. JACKSON


87 N.Y.2d 782 (1996)

665 N.E.2d 172

642 N.Y.S.2d 602

The People of the State of New York, Appellant, v. Thomas Jackson, Respondent.

Court of Appeals of the State of New York.

Decided April 4, 1996.


Attorney(s) appearing for the Case

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Leonard Joblove and Roseann B. MacKechnie of counsel), for appellant.

Sally Wasserman, New York City, for respondent.

Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


Chief Judge KAYE.

When a trial court reduces an indictment to a lesser count on the basis of legally insufficient evidence, CPL 210.20 (6) — which stays the effectiveness of the reduction order for 30 days — gives the People the following three options: (a) accept the court's order and file the reduced indictment, (b) resubmit the higher count to the same or a different Grand Jury or (c) challenge...

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