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People v. Fanelli

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 1983
92 A.D.2d 573 (N.Y. App. Div. 1983)

Opinion

February 14, 1983


The People appeal from an order of the Supreme Court, Richmond County (Owens, J.), dated October 20, 1982, which granted defendant's oral motion to dismiss an indictment charging him with criminal possession of stolen property in the first degree, on the ground that insufficient evidence was before the Grand Jury to support the indictment (CPL 210.20, subd 1, par [b]). Order reversed, on the law, motion denied and indictment reinstated, without prejudice to the defendant to renew upon compliance with the provisions of CPL 210.45 (subd 1). The motion to dismiss the indictment was made orally on the day before trial. A motion to dismiss an indictment must be made in writing and upon reasonable notice to the People (CPL 210.45, subd 1; People v. Vega, 80 A.D.2d 867). Damiani, J.P., Gibbons, Thompson and Boyers, JJ., concur.


Summaries of

People v. Fanelli

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 1983
92 A.D.2d 573 (N.Y. App. Div. 1983)
Case details for

People v. Fanelli

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MICHAEL FANELLI…

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

Date published: Feb 14, 1983

Citations

92 A.D.2d 573 (N.Y. App. Div. 1983)

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