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PEOPLE v. LUCARELLI

190 Misc.2d 137 (2002)

737 N.Y.S.2d 247

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JOSEPH LUCARELLI, Defendant.

Supreme Court, Erie County.

January 4, 2002.

Attorney(s) appearing for the Case

Terrence M. Connors for defendant.

Frank J. Clark, District Attorney of Erie County (John C. Doscher of counsel), for plaintiff.

OPINION OF THE COURT

MARIO J. ROSSETTI, J.

Defendant has been indicted for official misconduct in violation of Penal Law § 195.00 (1), and hindering prosecution in violation of Penal Law § 205.55, and has moved for dismissal of the indictment on the grounds that the evidence before the Grand Jury was not legally sufficient to establish the offenses charged. The People contend that legally sufficient evidence was presented to the Grand Jury to establish...

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