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PEOPLE v. WHILBY

277 A.D.2d 407 (2000)

716 N.Y.S.2d 879

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SEAN WHILBY, Appellant.

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

Decided November 20, 2000.

Ordered that the judgment is affirmed.

The defendant's motion to dismiss the indictment was properly denied despite the inaccurate testimony of one of the complainants, which was unintentionally introduced before the Grand Jury. There was sufficient evidence independent of this testimony to support the indictment (see generally, People v Huston, 88 N.Y.2d 400, 409).

The hearing court correctly denied that branch of...

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