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PEOPLE v. WINNINGHAM

209 A.D.2d 461 (1994)

618 N.Y.S.2d 450

The People of the State of New York, Respondent, v. Timothy Winningham, Respondent

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

November 7, 1994

Ordered that the order is reversed, on the law, the defendant's motion is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings.

During the prosecutor's cross-examination of the defendant at the Grand Jury proceeding, the prosecutor and defense counsel had a verbal altercation. After he was indicted, defendant moved to dismiss the indictment on the ground...

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