The complainant's comment before the Grand Jury that he viewed "mug shots" prior to identifying defendant's photograph, while improper, did not impair the integrity of the Grand Jury proceeding within the meaning of CPL 210.35 (5). This test is not satisfied by a showing of "mere flaw, error or skewing" of the evidence; the test is "very precise and very high", and the remedy of dismissal of the indictment on that ground is "exceptional" (People v Darby,
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PEOPLE v. PRICE
232 A.D.2d 156 (1996)
647 N.Y.S.2d 746
The People of the State of New York, Respondent, v. Jerald Price, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
October 1, 1996
October 1, 1996
Appellate Division of the Supreme Court of the State of New York, First Department.
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