PEOPLE v. MOSCHELLE


96 Misc.2d 1030 (1978)

The People of the State of New York, Plaintiff, v. Marc Moschelle, Defendant.

Supreme Court, Criminal Term, Suffolk County.

November 16, 1978


Attorney(s) appearing for the Case

Emanuel J. Caiati for defendant. Patrick Henry, District Attorney (John L. Ciarelli of counsel), for plaintiff.


EUGENE R. CANUDO, J.

The defendant, charged with the class E felony of criminal contempt in the first degree, moves under CPL 210.30 to dismiss the indictment on the ground that the Grand Jury evidence was not legally sufficient to support the charges.

His motion raises the question, for which no precedent was found, as to whether Grand Jury immunity protects a witness from the risk of being found in...

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