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People v. Donegan

Appellate Division of the Supreme Court of New York, Second Department
Nov 5, 1979
72 A.D.2d 751 (N.Y. App. Div. 1979)

Opinion

November 5, 1979


Appeal by the People from so much of an order of the County Court, Dutchess County, dated January 11, 1979, as, upon defendant's motion to inspect the Grand Jury minutes, reduced the sole count of the indictment from robbery in the first degree to robbery in the third degree. Order reversed insofar as appealed from, on the law, and the indictment is reinstated. A court is not authorized to reduce a count in an indictment upon the defendant's pretrial motion to inspect the Grand Jury minutes and dismiss the indictment. (See People v Maier, 72 A.D.2d 754.) Damiani, J.P., Mangano, Rabin and Gulotta, JJ., concur.


Summaries of

People v. Donegan

Appellate Division of the Supreme Court of New York, Second Department
Nov 5, 1979
72 A.D.2d 751 (N.Y. App. Div. 1979)
Case details for

People v. Donegan

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. WILLIAM H. DONEGAN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 5, 1979

Citations

72 A.D.2d 751 (N.Y. App. Div. 1979)