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People v. Ganett

The People of the State of New York v. Sabu Ganett

People v. Ganett, 417 N.E.2d 88 (N.Y. 1980)
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Court
New York Court of Appeals · State Highest Courts
Decided
November 20, 1980
Judges
Cooke, Fuchsberg, Gabrielli, Jasen, Jones, Meyer, Wachtler
Citations
417 N.E.2d 8851 N.Y.2d 991435 N.Y.S.2d 9761980 N.Y. LEXIS 2784

Opinion of the Court

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*993 OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The defendant’s contention that the indictment was a blank authorization permitting the police to arrest any person whom they might choose is wholly without merit. It is obvious that the Grand Jury intended to indict the specific person who sold heroin to Petronella on March 12, 1976, that person having been identified to the Grand Jury as “Sabu Ganett”. This was the only reasonable interpretation to be drawn from the Grand Jury testimony of Petronella.

In these circumstances it was error for the trial court to deny the motion of the People to amend the indictment to substitute the name of Sabu Gary, the true name of the defendant, for Sabu Ganett.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 29 cases

View all citing references →
1982: 21983: 21984: 11985: 11986: 21989: 21990: 41991: 41992: 31996: 11999: 12000: 12001: 12005: 12008: 12011: 12017: 119822026peak 1990 · 4

Relies on it most ⓘ

  1. Flores v. Keane211 F. Supp. 2d 426 (S.D.N.Y. 2001)
  2. Tirado v. Senkowski367 F. Supp. 2d 477 (W.D.N.Y. 2005)
  3. Noble v. State446 A.2d 844 (Md. 1982)
  4. People v. Roman665 N.E.2d 1050 (N.Y. 1996)
  5. People v. Velasco570 N.E.2d 1070 (N.Y. 1991)
  6. People v. Cedeno252 A.D.2d 307 (1999)

Most recent

  1. People v. Manuel (Frank)No. 2017 NYSlipOp 51397(U) (N.Y. App. Term. Oct. 24, 2017)
  2. People v. Iqbal31 Misc. 3d 94 (2011)
  3. People v. Martinez52 A.D.3d 68 (2008)
  4. Tirado v. Senkowski367 F. Supp. 2d 477 (W.D.N.Y. 2005)
  5. Flores v. Keane211 F. Supp. 2d 426 (S.D.N.Y. 2001)
  6. People v. Ponce276 A.D.2d 921 (2000)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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