In People v. Oakley, 28 N.Y.2d 309 (1971), the complainant was robbed at knife point at a transit station. The complainant followed the robber and then told a station employee what had occurred including a description of the individual. The employee had seen the individual flee the station and had recognized him as someone he had seen on previous occasions. Based upon the description of the complainant, the defendant was apprehended the following day. Both the complainant and the employee identified the defendant. Evidence of the identification was presented to the Grand Jury and an indictment was voted. At a suppression hearing, testimony as to the identification was suppressed. The Court found that the single viewing or show up was unduly suggestive. Following conviction, defendant appealed and argued that based upon the suppression ruling, the People failed to present a prima facie case to the Grand Jury. In rejecting the defendant's argument, the Court held that "for purposes of grand jury presentations . . . until nullified the evidence is competent and may supply a necessary element in a prima facie case". (Id at 312.)