PEOPLE v. BUXTON


309 A.D.2d 872 (2003)

766 N.Y.S.2d 49

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JIMMY BUXTON, Respondent.

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

Decided October 20, 2003.


Ordered that the order is reversed, on the law and the facts, the motion is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings on the indictment.

The defendant moved to dismiss the indictment on the ground that the grand jury proceeding was rendered defective by virtue of the prosecutor's denial of his request to have certain witnesses called on his behalf. The Supreme Court improperly granted...

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