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PEOPLE v. CRUMP

157 Misc.2d 566 (1992)

597 N.Y.S.2d 1010

The People of the State of New York, Plaintiff, v. Robert Crump, Defendant.

County Court, Westchester County.

August 7, 1992

Attorney(s) appearing for the Case

J. Radley Herold, Scarsdale, for defendant. Carl A. Vergari, District Attorney of Westchester County, White Plains (Paul D. Stein and Robert K. Sauer of counsel), for plaintiff.

JOHN CAREY, J.

Defendant's instant motions to dismiss the indictment upon review of the Grand Jury proceedings require analysis of a prosecutor's duty to instruct a Grand Jury as to an exculpatory defense. In deciding the motion, the court must respectfully disagree with the recent decision in People v Mosby (NYLJ, May 15, 1992, at 28, col 3 [Sup Ct, Kings County]) in an area where appellate guidance...

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