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eBook details

• Title: People State New York v. Michael Sabella
• Author : Court of Appeals of New York
• Release Date : January 11, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

In each of these non-jury cases the court dismissed the indictment on the ground that the evidence submitted at the trial was insufficient to establish the crime charged and the People appealed pursuant to CPL 450.20 (subd. 2). The defendants argue that the appeals should be dismissed because (1) the CPL does not permit the People to appeal from a trial order of dismissal in a non-jury case and in any event (2) the trial courts did not dismiss on the law, but rather acquitted the defendants on the merits, a determination from which no appeal lies. In the alternative the defendants contest the Peoples claim that the trial courts erred in holding that the trial evidence was insufficient to establish a prima facie case.

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