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People v. Gallo

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 13, 1979
69 A.D.2d 1001 (N.Y. App. Div. 1979)

Opinion

April 13, 1979

Appeal from the Oswego County Court.

Present — Dillon, P.J., Cardamone, Simons, Doerr and Moule, JJ.


Judgment unanimously affirmed. Memorandum: Defendant was indicted for the rape of a 10-year-old girl. Following the denial of his motion for inspection of the Grand Jury minutes and dismissal of the indictment, defendant entered an Alford plea to a charge of third degree rape. We believe that the court should have granted defendant's motion to inspect the Grand Jury minutes; however, the minutes are included in the record on appeal and we have examined them. The 10-year-old victim who appeared before the Grand Jury was properly sworn after being asked several preliminary questions by the District Attorney. It was for the District Attorney to determine the competency of this witness to testify (CPL 190.30, subd 5; People v. Di Falco, 44 N.Y.2d 482, 487). Even if the witness were not properly sworn, her testimony was sufficiently corroborated to warrant the denial of defendant's motion to dismiss the indictment. We have considered defendant's remaining contentions and find them to be without merit.


Summaries of

People v. Gallo

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 13, 1979
69 A.D.2d 1001 (N.Y. App. Div. 1979)
Case details for

People v. Gallo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL GALLO…

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

Date published: Apr 13, 1979

Citations

69 A.D.2d 1001 (N.Y. App. Div. 1979)

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