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PEOPLE v. MITERKO

186 Misc.2d 337 (2000)

717 N.Y.S.2d 843

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. THOMAS MITERKO, Defendant.

Supreme Court, Kings County.

September 19, 2000.

Attorney(s) appearing for the Case

Anthony Grandinette for defendant.

Charles J. Hynes, District Attorney of Kings County (Samantha Puro of counsel), for plaintiff.

OPINION OF THE COURT

JOHN M. LEVENTHAL, J.

As part of the omnibus motion, defendant moves to dismiss the indictment on the grounds that the People violated CPL 170.55 (2) and 170.20 (2) in that the People failed to obtain permission from the Criminal Court to either place the case on the calendar or for permission to present the case to the Grand Jury. Although the motion is to dismiss the entire indictment...

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