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PEOPLE v. WAGNER

80 Misc.2d 1042 (1975)

The People of the State of New York, Plaintiff, v. Gregory Wagner, Defendant.

Supreme Court, Erie County.

February 20, 1975

Attorney(s) appearing for the Case

John Jenny for defendant. Edward C. Cosgrove, District Attorney (Mary E. Bisantz of counsel), for plaintiff.

LEON N. ARMER, J.

This is a motion to dismiss two indictments made upon the grounds that the Grand Jury proceedings were defective by reason of the defendant not having been accorded an opportunity to appear and testify before the Grand Jury. (See CPL 210.20, subd 1, par [c]; CPL 210.35, subd 4; CPL 190.50, subd 5.) The court has received the testimony of defendant on a hearing, and the testimony of his counsel...

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