PEOPLE v. MALAVE


124 Misc.2d 210 (1984)

The People of the State of New York, Plaintiff, v. Reinaldo Malave, Defendant.

Supreme Court, Criminal Term, New York County.

April 20, 1984


Attorney(s) appearing for the Case

Caesar Cirigliano and Alan D. Oboler for defendant. Robert M. Morgenthau, District Attorney (Neil Davidowitz of counsel), for plaintiff.


HERBERT I. ALTMAN, J.

The defendant, charged with the crime of criminal possession of a weapon in the third degree, moves for inspection of the Grand Jury minutes and dismissal of the indictment. I have inspected the minutes and although the evidence before the Grand Jury was legally sufficient, I find that the indictment must be dismissed as the proceeding was defective (see CPL 210.20, subd 1, par [c]; 210.35, subd 5). The integrity of the Grand Jury...

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