People v. Duncan

¶1Appeal by the People from an order of the County Court, Nassau County, entered May 8, 1964, which granted the defendant’s motion to dismiss the indictment for criminal negligence in- the operation of an automobile resulting in death (Penal Law, § 1053-a), on the ground that the evidence before the Grand Jury was insufficient in law to warrant the finding of the indictment. Order reversed on the law; motion denied; and indictment reinstated. No questions of fact were considered. In our opinion, the evidence submitted to the Grand Jury was sufficient to warrant the indictment (see Code Crim. Pro., § 251). (For prior decision reversing judgment of conviction, and granting a new trial to defendant, see 15 A D 2d 581.) Beldock, P. J., Ughetta, Christ, Hill and Rabin, JJ., concur.