PEOPLE v. DURANTE


97 A.D.2d 851 (1983)

The People of the State of New York, Respondent, v. Thomas P. Durante, Appellant

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

November 28, 1983


Judgment reversed, as a matter of discretion in the interest of justice, that branch of defendant's motion which was to dismiss the indictment is granted, without prejudice to the People to resubmit the matter to another Grand Jury, if they be so advised, and the case is remitted to the County Court, Nassau County, for the purpose of entering an order in its discretion pursuant to CPL 160.50. Upon this record, we conclude that defendant was deprived of his statutory right...

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