People v. McCarter
| Decision Date | 28 November 1983 |
| Citation | 469 N.Y.S.2d 19,97 A.D.2d 852 |
| Parties | The PEOPLE, etc., Appellant, v. Dale McCARTER and Garfield Gordon, Respondents. |
| Court | New York Supreme Court — Appellate Division |
John J. Santucci, Dist. Atty., Kew Gardens (Theodore Herold, Asst. Dist. Atty., Kew Gardens, of counsel), for appellant.
Before BRACKEN, J.P., and BROWN, NIEHOFF and BOYERS, JJ.
MEMORANDUM BY THE COURT.
Appeals by the People from (1) a decision of the Supreme Court, Queens County, dated February 20, 1981, which stated that that branch of defendant McCarter's pretrial motion which sought dismissal of indictment 3021/80 against him should be granted, and (2) an order of the same court, dated February 20, 1981, which granted that branch of defendant Gordon's pretrial motion which sought dismissal of indictment 3025/80 against him.
Appeal from the decision dismissed. No appeal lies from a decision. Further, no order was entered on that decision.
Order reversed, on the law, that branch of defendant Gordon's pretrial motion as sought dismissal of the indictment denied, indictment reinstated and matter remitted to the Supreme Court, Queens County, for further proceedings.
The proof before the Grand Jury was legally sufficient to establish the offenses charged (CPL 190.65, subd. 1; CPL 210.20, subd. 1, par. [b] ). At the accusatory stage, legally sufficient evidence is prima facie evidence, not proof beyond a reasonable doubt (People v. Mayo, 36 N.Y.2d 1002, 1004, 374 N.Y.S.2d 609, 337 N.E.2d 124; People v. Porter, 75 A.D.2d 901, 428 N.Y.S.2d 63).
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