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PEOPLE v. GASEN

283 A.D.2d 227 (2001)

724 N.Y.S.2d 730

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DION GASEN, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 10, 2001.

The motion court erred in concluding that the People did not present a prima facie case as to the sale of narcotics by defendant. "In the context of the Grand Jury procedure, legally sufficient means prima facie, not proof beyond a reasonable doubt" (People v Mayo, 36 N.Y.2d 1002, 1004). Here, "it cannot be said as a matter of law that the facts, and the inferences which may be reasonably drawn therefrom, did not establish a prima...

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