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PEOPLE v. VALLES

92 A.D.2d 526 (1983)

The People of the State of New York, Appellant, v. Robert Valles, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

February 24, 1983

The defendant was charged in an indictment with murder in the second degree, criminal possession of a weapon in the second degree, and criminal use of a firearm in the second degree. He moved to dismiss under CPL 210.20 (subd 1, par [c]) and 210.35 (subd 5), alleging that the Grand Jury proceeding was defective. The court granted the motion, concluding that: "In the instant case, evidence presented by witnesses in the Grand Jury...

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