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PEOPLE v. KYU H. SHIN

181 Misc.2d 751 (1999)

692 N.Y.S.2d 894

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. KYU H. SHIN, Defendant.

Supreme Court, Erie County.

April 8, 1999.

Attorney(s) appearing for the Case

Connors & Vilardo, L. L. P. (Terrence M. Connors and Mark R. Uba of counsel), for defendant.

Eliot Spitzer, Attorney General (Michael T. Kelly of counsel), for plaintiff.

OPINION OF THE COURT

MARIO J. ROSSETTI, J.

Defendant has been indicted for grand larceny in the first degree and has moved to dismiss the indictment on the grounds that (a) there was insufficient evidence before the Grand Jury, and the indictment fails to state an offense; (b) prosecution of defendant on the indictment would violate defendant's right to due process of law; (c) the Grand Jury proceedings were defective within the meaning of CPL 210.35; (d...

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