PEOPLE v. BUTTS

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Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., appellant, v. Antowine BUTTS, respondent.

Decided: June 28, 1999

SONDRA MILLER, J.P., DANIEL W. JOY, HOWARD MILLER and SANDRA J. FEUERSTEIN, JJ. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Jonathan Frank and Howard A. Getzler of counsel), for appellant. Bruce A. Barket, Garden City, N.Y., for respondent.

Appeal by the People from an order of the Supreme Court, Kings County (Marrus, J.), dated May 28, 1998, which dismissed counts one through six of the indictment, charging the defendant with murder in the first degree, upon the ground that the evidence presented to the Grand Jury was legally insufficient.

ORDERED that the order is reversed, on the law, counts one through six of the indictment charging the defendant with murder in the first degree are reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings.

 A Grand Jury may indict when there is competent evidence before it that is legally sufficient to establish that the defendant committed the offense charged (see, CPL 70.10[1];  People v. Hajdnak, 169 A.D.2d 842, 565 N.Y.S.2d 211).   We find that the evidence presented to the Grand Jury in this case, when viewed in the light most favorable to the People (see, People v. Swamp, 84 N.Y.2d 725, 730, 622 N.Y.S.2d 472, 646 N.E.2d 774), was legally sufficient to establish that the defendant caused the death of the victims.

Accordingly, we reverse the order appealed from and counts one through six of the indictment are reinstated.

MEMORANDUM BY THE COURT.

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