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PEOPLE v. ADESSA

218 A.D.2d 415 (1996)

640 N.Y.S.2d 895

The People of the State of New York, Respondent-Appellant, v. Matthew Adessa, Appellant-Respondent

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

April 8, 1996

Attorney(s) appearing for the Case

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Steven J. Chananie, John M. Castellano and Alexander H. Gardner of counsel), for appellant-respondent.

Nicolosi & Sciacca, Bayside (Vincent F. Nicolosi of counsel), for respondent-appellant.

HART, KRAUSMAN and GOLDSTEIN, JJ., concur.

ROSENBLATT, J. P.

The case before us raises important considerations as to the role and the discretion of the District Attorney in presenting cases to the Grand Jury. The People are appealing from the court's order dismissing the indictment against the defendant (see, CPL 450.20 [1]).

The Supreme Court dismissed the indictment based on its view that the prosecution prejudiced the defendant's rights...

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