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PEOPLE v. CAPORASO

179 A.D.2d 668 (1992)

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

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

January 13, 1992

Ordered that the judgment is affirmed.

The defendant contends that the trial court should have granted his motion to dismiss the indictment on the ground that the rejection of his justification defense and the resulting murder indictment were based on the perjured testimony of two witnesses at the Grand Jury proceedings. We disagree.

A Grand Jury proceeding is deemed defective and an indictment subject to dismissal...

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