PEOPLE v. VALENTI


91 Misc.2d 669 (1977)

The People of the State of New York, Plaintiff, v. Joseph Valenti and Bunny Valenti, Defendants.

County Court, Suffolk County.

October 4, 1977


Attorney(s) appearing for the Case

Paul Zsuffa for defendants. Henry F. O'Brien, District Attorney (Richard M. Bronstein of counsel), for plaintiff.


OSCAR MUROV, J.

This is a motion to dismiss the indictment pursuant to CPL 210.20 (subd 1, par [c]) upon the grounds the integrity of the Grand Jury proceeding was impaired (CPL 210.35, subd 5) when the Grand Jury was improperly charged upon the law by the District Attorney presenting the case.

Defendants contend that the prosecutor's instructions on the law left the Grand Jury only the choice to indict for either first or second degree criminal...

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