People State New York v. Frank Banner

Appeal by the People from an order of the Supreme Court, Queens County, dated December 9, 1976, which, upon inspection of the Grand Jury minutes pursuant to the motion of the defendant, dismissed the indictment against him. Order reversed, on the law, and indictment reinstated. No findings of fact were presented for review. The evidence presented to the Grand Jury was legally sufficient to sustain the indictment charging defendant-respondent with reckless endangerment in the first degree (see CPL 190.65, subd 1; 210.20, subd 1, par [b]; Penal Law, § 120.25). Under the circumstances of this case, it was not