The People of the State of New York, Respondent v. Irving Nitzberg, Appellant

Summary

The Court held that the indictment against Nitzberg was legally insufficient because it was based solely on accomplice testimony without corroboration before the grand jury, and therefore the indictment must be dismissed; the Court also held that the defendant could move to dismiss the indictment after his first conviction was reversed, despite any prior waiver, and consequently reversed the conviction and dismissed the indictment.