New York Court of Appeals
The People of the State of New York v. Leonard Brewster and Felix Alfonso
November 29, 198463 N.Y.2d 419
Summary
The New York Court of Appeals affirmed the Appellate Division's order reinstating the indictment, holding that Grand Jury identification testimony derived from photographs, without informing the Grand Jury of the photographic basis, is not dismissable under CPL 210.35(subd 5). The Court reasoned that such testimony is not hearsay and does not violate CPL 60.30, so the indictment is legally sufficient.