The defendant was indicted on January 28, 1977 for the crime of murder in the second degree. After all the preliminary proceedings had been completed, the matter was sent out to trial. The jury, however, was unable to agree on a verdict, and a mistrial was declared on June 22, 1978. It was during the course of the trial that the defense lawyer first learned that the People had initially begun their Grand Jury presentation on or about...
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