PEOPLE v. ROSADO


212 A.D.2d 426 (1995)

622 N.Y.S.2d 708

The People of the State of New York, Appellant, v. Hector Rosado, Respondent

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

February 16, 1995


We find that the court erred in imposing the extraordinary remedy of dismissal of the indictment based on alleged prosecutorial error in presentation of the case to the Grand Jury since the cited errors do not satisfy the statutory test for dismissal, i.e., that the errors be of such dimension as to impair the integrity of the Grand Jury process (CPL 210.35 [5]; see also, People v Darby, 75 N.Y.2d 449, 455).

Indeed...

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