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People v. Kohut

Appellate Division of the Supreme Court of New York, Second Department
May 3, 1971
36 A.D.2d 953 (N.Y. App. Div. 1971)

Opinion

May 3, 1971


Appeal from an order of the County Court, Nassau County, dated May 3, 1968, which, on defendant's motion for reargument, dismissed the indictment. Order reversed, on the law, motion denied and indictment reinstated. In our opinion, the proof before the Grand Jury contained adequate corroboration of the accomplice's testimony, within the guidelines of People v. Dixon ( 231 N.Y. 111, 116-117), People v. Reddy ( 261 N.Y. 479, 484), People v. Fiore ( 12 N.Y.2d 188, 201-202) and People v. Morhouse ( 21 N.Y.2d 66, 74-75); and we therefore find the proof sufficient to support the indictment. We further believe that sections 144-a and 327 of the Code of Criminal Procedure apply to this case; and, since this indictment, in Nassau County, was returned within 60 days after dismissal of the timely New York County indictment, it is not barred by the Statute of Limitations. Finally, we find the subject indictment sufficient on its face, even though it contains no allegations showing the tolling of the Statute of Limitations by reason of the compliance with section 144-a of the code ( People v. Brady, 257 App. Div. 1000; People v. Horton, 53 Misc.2d 277; People v. Kaplan, 143 Misc. 91; People v. Outlaw, 36 A.D.2d 581). Munder, Acting P.J., Martuscello, Latham and Benjamin, JJ., concur; Shapiro, J., not voting.


Summaries of

People v. Kohut

Appellate Division of the Supreme Court of New York, Second Department
May 3, 1971
36 A.D.2d 953 (N.Y. App. Div. 1971)
Case details for

People v. Kohut

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. PHILIP B. KOHUT…

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

Date published: May 3, 1971

Citations

36 A.D.2d 953 (N.Y. App. Div. 1971)

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