PEOPLE v. MOODY


220 A.D.2d 460 (1995)

631 N.Y.S.2d 924

The People of the State of New York, Respondent, v. James Moody, Appellant

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

October 2, 1995


Ordered that the judgment is affirmed.

The defendant contends that the indictment should have been dismissed because one of the witnesses who testified at trial omitted from his Grand Jury testimony certain facts that would have warranted a justification charge and that would have materially influenced the Grand Jury's investigation and findings. By failing to make a written motion to dismiss the indictment, as instructed by the trial court, the defendant waived this...

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