SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
July 14, 1969
THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT,
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.
Order reversed, on the law, and motion denied. No questions of fact were considered.
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