People v. Wess

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. CARL WESS, Respondent

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

Date published: Jul 14, 1969

32 A.D.2d 972 (N.Y. App. Div. 1969)

303 N.Y.S.2d 498

Opinion

July 14, 1969

Appeal from an order of the Supreme Court, Kings County, dated October 13, 1967, which granted defendant's motion to dismiss the indictment. Order reversed, on the law, and motion denied. No questions of fact were considered. 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. Christ, Acting P.J., Brennan and Hopkins, JJ., concur; Rabin and Kleinfeld, JJ., dissent and vote to affirm the order.