PEOPLE v. SCHUMACI


262 A.D.2d 1021 (1999)

691 N.Y.S.2d 838

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. FRANCIS J. SCHUMACI, Respondent.

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

Decided June 18, 1999.


Order unanimously affirmed.

Memorandum:

County Court properly dismissed the indictment on the ground that the Grand Jury proceeding was defective (see, CPL 210.20 [1] [c]). Defendant testified before the Grand Jury with his attorney at his side. During the proceeding, defendant attempted to confer with his attorney, but the prosecutor told defendant that he could not speak with his attorney. Thus, defendant was denied his right to seek the advice of...

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