PEOPLE v. ANDERSON


237 A.D.2d 989 (1997)

655 N.Y.S.2d 220

The People of the State of New York, Appellant, v. Kevin Anderson, Respondent

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

March 14, 1997


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

Memorandum:

County Court erred in dismissing the indictment against both defendants on the ground that the Special Assistant District Attorney who presented the matter to the Grand Jury had not been duly appointed pursuant to County Law §§ 702 and 825 and, thus, the Grand Jury proceeding...

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