PEOPLE v. GILLIAM


172 A.D.2d 1037 (1991)

The People of the State of New York, Respondent, v. Frank Gilliam, Appellant

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

April 26, 1991


Judgment unanimously affirmed.

Memorandum:

The failure of the prosecution to inform the Grand Jury that a knife was found near the body of the victim does not require a dismissal of the indictment. The proper remedy for improper conduct before the Grand Jury is a motion to dismiss the indictment under CPL 210.35 (5) on the ground that that the "proceeding * * * fails to conform to the requirements of article one hundred ninety to such degree that the integrity...

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