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People v. Rubin

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 1980
77 A.D.2d 578 (N.Y. App. Div. 1980)

Opinion

July 7, 1980


Appeal by the People from an order of the Supreme Court, Kings County, dated October 17, 1979, which, upon defendant's motion, dismissed an indictment charging her, inter alia, with robbery in the second degree, with leave to the People to resubmit. Order affirmed. In light of the specific inquiry by one of the Grand Jurors into the existence of any postarrest statement which might have been made by the defendant, it was improper for the trial assistant presenting the case to the Grand Jury to artificially foreclose further inquiry into that area with the apparent purpose of withholding the text of defendant's partially exculpatory statement from the member of that body (cf. People v. Rao, 73 A.D.2d 88). Hopkins, J.P., Rabin and Weinstein, JJ., concur; Cohalan, J., concurs in the result on constraint of People v. Rao ( 73 A.D.2d 88).


Summaries of

People v. Rubin

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 1980
77 A.D.2d 578 (N.Y. App. Div. 1980)
Case details for

People v. Rubin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. TERRY RUBIN, Respondent

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

Date published: Jul 7, 1980

Citations

77 A.D.2d 578 (N.Y. App. Div. 1980)

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