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PEOPLE v. LYNCH

138 Misc.2d 331 (1988)

The People of the State of New York, Plaintiff, v. Anthony Lynch, Defendant.

Supreme Court, Kings County.

January 22, 1988

Attorney(s) appearing for the Case

Caesar D. Cirigliano, John Youngblood and John Murphy for defendant. Elizabeth Holtzman, District Attorney (Joyce Bresnick of counsel), for plaintiff.

SHELDON GREENBERG, J.

The defendant, indicted for multiple counts of sodomy and sexual abuse in varying degrees as well as related crimes, claims that the underlying Grand Jury proceeding was defective, and moves for dismissal of the indictment pursuant to CPL 210.20 (1) (c). He cites as the specific defect the denial (see, CPL 210.35 [4]) of his right to testify before the Grand Jury as guaranteed...

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