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PEOPLE v. ESPOSITO

142 Misc.2d 288 (1989)

The People of the State of New York, Plaintiff, v. John Esposito, Defendant.

Supreme Court, New York County.

January 10, 1989

Attorney(s) appearing for the Case

Peter L. Maroulis for defendant. Charles J. Hynes, Special Prosecutor (Carol B. Hafer of counsel), for plaintiff.

FELICE K. SHEA, J.

The question presented by this defense motion to dismiss an indictment is: can the prosecutor, after a Grand Jury votes to indict, ask the Grand Jury to withdraw its vote in order to give additional legal instructions?

The prosecution presented evidence to the Grand Jury in this matter from March 3, 1988 through June 22, 1988. On June 22, 1988 the Grand Jury received instructions on the law and voted an indictment that was not...

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