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PEOPLE v. DEFREECE

183 A.D.2d 842 (1992)

The People of the State of New York, Respondent, v. Victor Defreece, Appellant

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

May 18, 1992

Ordered that the judgment is affirmed.

We disagree with the defendant's claim that the Grand Jury proceedings were tainted by the allegedly perjured testimony of one of the complainants. CPL 210.35 (5) provides that

"[a] grand jury proceeding is defective within the meaning of paragraph (c) of subdivision one of section 210.20 when * * *

"[t]he proceeding otherwise fails to conform to the requirements of article one hundred ninety to such degree...

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