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PEOPLE v. ABBATIELLO

129 Misc.2d 831 (1985)

The People of the State of New York, Plaintiff, v. Salvatore Abbatiello and George Godfrey, Defendants.

Supreme Court, Bronx County.

September 13, 1985

Attorney(s) appearing for the Case

Murray Richman for Salvatore Abbatiello, defendant. Franklin Wilkes for George Godfrey, defendant. Mario Merola, District Attorney (William Racolin of counsel), for plaintiff.

DAVID STADTMAUER, J.

The defendants are charged with two counts of criminal possession of a weapon in the third degree (possession of a loaded firearm [Penal Law § 265.02 (4)]). They now move for several forms of relief, including dismissal of the indictment on the ground that the Grand Jury proceeding was defective. More specifically, both defendants claim that the Grand Jury was not properly informed and instructed as to the commercial

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