PEOPLE v. DELEON

No. 77.

34 N.Y.3d 965 (2019)

135 N.E.3d 300

111 N.Y.S.3d 257

2019 NY Slip Op 07522

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OMAR DELEON, Appellant.

Court of Appeals of New York.

Decided October 22, 2019.


Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York City ( Andrea Yacka-Bible of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( David A. Slott , Nancy D. Killian and Jordan K. Hummel of counsel), for respondent.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified in accordance with this memorandum and, as so modified, affirmed.

When considering a motion to dismiss an indictment for legal insufficiency of the evidence before the grand jury under CPL 210.20(1)(b), a court is limited to determining whether there was "competent evidence which, if accepted as true, would establish every element of an offense charged" or any...

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