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PEOPLE v. CUMMINGS

155 Misc.2d 970 (1992)

590 N.Y.S.2d 1016

The People of the State of New York, Plaintiff, v. Sean Cummings, Defendant.

Supreme Court, Kings County.

October 16, 1992

Attorney(s) appearing for the Case

Debra Drexler, Brooklyn, for defendant. Charles J. Hynes, District Attorney of Kings County, Brooklyn (Alan Ripka and Lee Huttner of counsel), for plaintiff.

CAROLYN E. DEMAREST, J.

The instant omnibus motion, which includes the usual application to inspect the Grand Jury minutes and dismiss the indictment pursuant to CPL article 210, raises a question of first impression: Does repugnancy in the findings of the Grand Jury require dismissal of the indictment?

CPL article 210 provides for dismissal of an indictment upon several specified grounds including...

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