Narrative Opinion Summary
An appeal by the People challenges a Supreme Court order from September 6, 1979, which dismissed an indictment against the defendant due to a failure to inform the Grand Jury of the option to transfer the case to Family Court. The appellate court reversed the order, denied the motion to dismiss, and reinstated the indictment. According to CPL 190.71(b), the Grand Jury's ability to remove a case is restricted to specific conditions, one being that the act must not be indictable. Since robbery in the first degree, the charge against the defendant, is explicitly indictable under CPL 190.71(a), the Grand Jury lacked the authority to transfer the case to Family Court. Judges Damiani, Gibbons, Gulotta, and Weinstein concurred with the decision.
Legal Issues Addressed
Appellate Review of Dismissal of Indictmentsubscribe to see similar legal issues
Application: The appellate court reversed the trial court's dismissal of the indictment, reinstating the charges against the defendant.
Reasoning: The appellate court reversed the order, denied the motion to dismiss, and reinstated the indictment.
Grand Jury's Authority to Transfer Cases under CPL 190.71subscribe to see similar legal issues
Application: The appellate court determined that the Grand Jury did not have the authority to transfer the case to Family Court because the charge was indictable.
Reasoning: According to CPL 190.71(b), the Grand Jury's ability to remove a case is restricted to specific conditions, one being that the act must not be indictable.
Indictability of First Degree Robberysubscribe to see similar legal issues
Application: The court found that the charge of robbery in the first degree is explicitly indictable, which precludes the Grand Jury from transferring the case.
Reasoning: Since robbery in the first degree, the charge against the defendant, is explicitly indictable under CPL 190.71(a), the Grand Jury lacked the authority to transfer the case to Family Court.