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PEOPLE STATE NEW YORK v. THOMAS EBOLI (12/23/68)

December 23, 1968

THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT,
v.
THOMAS EBOLI, RESPONDENT



Appeal from an order of the Supreme Court, Queens County, dated September 14, 1967, which granted defendant's motion insofar as it was to dismiss the indictment.

Beldock, P. J., Christ, Brennan, Rabin and Martuscello, JJ., concur.

No questions of fact were considered. An indictment under subdivision 6 of section 600 of the former Penal Law may not be dismissed on the ground that defendant, who had been granted immunity pursuant to section 2447 of the former Penal Law, had not been directed by a court to answer questions before a Grand Jury (People v. Riela, 7 N.Y.2d 571).

Disposition

Order reversed, on the law, and motion denied insofar as it is to dismiss the indictment and granted insofar as it is for inspection of the Grand Jury minutes.

19681223

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