People v. Yip

In People v. Yip, 118 AD2d 472 [1st Dept 1986] the Court ruled that on a motion to dismiss the indictment, there must be "a clear showing that the evidence before the grand jury was insufficient" and "the evidence must be examined in a light most favorable to the People." (Id. at 473.) Viewing the evidence in the light most favorable to the People, the court concludes that the defendant has failed to establish that the evidence before the grand jury was insufficient. Furthermore, the fact that there was no direct identification is "an additional consideration for trial and is not determinative as to the legal sufficiency of the indictment." (Id. at 474.)