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People v. Hajdnak

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 1991
169 A.D.2d 842 (N.Y. App. Div. 1991)

Opinion

January 28, 1991

Appeal from the County Court, Orange County (Byrne, J.).


Ordered that the order is reversed, on the law, the indictment is reinstated, and the matter is remitted to the County Court, Orange County, for further proceedings.

The proper standard for reviewing the sufficiency of evidence presented to the Grand Jury in support of an indictment is "legal sufficiency", defined as competent evidence which, if accepted as true, would establish every element of the offense charged (CPL 70.10; see, People v Deegan, 69 N.Y.2d 976, 978). We find the evidence presented to the Grand Jury in this case, when viewed in the light most favorable to the People (see, People v Jennings, 69 N.Y.2d 103, 115; People v Deitsch, 97 A.D.2d 327), was legally sufficient to establish that the defendant's ability to operate his vehicle was impaired by the ingestion of cocaine, as well as every other element of the counts charged in the indictment.

Accordingly, we reverse the order appealed from and reinstate the indictment in its entirety. Brown, J.P., Harwood, Miller and Ritter, JJ., concur.


Summaries of

People v. Hajdnak

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 1991
169 A.D.2d 842 (N.Y. App. Div. 1991)
Case details for

People v. Hajdnak

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOSEPH HAJDNAK…

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

Date published: Jan 28, 1991

Citations

169 A.D.2d 842 (N.Y. App. Div. 1991)

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