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PEOPLE STATE NEW YORK v. CARL WESS (07/14/69)

July 14, 1969

THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT,
v.
CARL WESS, RESPONDENT



Appeal from an order of the Supreme Court, Kings County, dated October 13, 1967, which granted defendant's motion to dismiss the indictment.

Christ, Acting P. J., Brennan and Hopkins, JJ., concur; Rabin and Kleinfeld, JJ., dissent and vote to affirm the order.

The evidence before the Grand Jury, if believed, states a prima facie case to support the indictment and, therefore, the dismissal of the indictment was erroneous.

Disposition

Order reversed, on the law, and motion denied. No questions of fact were considered.

19690714

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