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PEOPLE v. FERNANDEZ

264 A.D.2d 661 (1999)

695 N.Y.S.2d 353

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS FERNANDEZ, Appellant.

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

Decided September 28, 1999.

Defendant's motion to dismiss the indictment was properly denied. This was not the "rare case" (see, People v Huston, 88 N.Y.2d 400, 410; People v Darby, 75 N.Y.2d 449, 454-455) where an impropriety in the Grand Jury presentation rose to the high level of impairment of the integrity of the Grand Jury process along with creation of the risk of prejudice, thereby requiring the extraordinary...

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