The appeal brings up for review the denial of defendant's motion to dismiss the indictment on the ground he was not afforded an opportunity to appear before the Grand Jury. Judgment reversed, on the law, motion granted, indictment dismissed, and case remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
On September 8, 1977 defendant shot Steven Pagan thereby causing his death. On September 10,...
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