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People v. Cruz

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 1981
84 A.D.2d 962 (N.Y. App. Div. 1981)

Opinion

November 13, 1981

Appeal from the Livingston County Court, Houston, J.

Present — Dillon, P.J., Hancock, Jr., Callahan, Doerr and Moule, JJ.


Order unanimously reversed and motion denied. Memorandum: In this one count indictment charging defendant with criminal mischief in the third degree, the court erred in modifying the indictment to criminal mischief in the fourth degree upon defendant's motion to inspect the Grand Jury minutes and reduce the charge in the indictment. CPL 210.20 (subd 1, par [b]) in pertinent part provides that the court may dismiss an indictment when the evidence before the Grand Jury was not legally sufficient to establish the offense charged or any lesser included offense. There is no authority to reduce the charge in the indictment to the lesser included offense (see People v Maier, 72 A.D.2d 754). The defendant's motion should be denied and the indictment reinstated.


Summaries of

People v. Cruz

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 1981
84 A.D.2d 962 (N.Y. App. Div. 1981)
Case details for

People v. Cruz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. LUIZ RODRIGUEZ CRUZ…

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

Date published: Nov 13, 1981

Citations

84 A.D.2d 962 (N.Y. App. Div. 1981)

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