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PEOPLE v. HERBERT

186 Misc.2d 671 (2000)

719 N.Y.S.2d 834

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. BARBARA HERBERT, Defendant.

Criminal Court, Kings County.

December 20, 2000.

Attorney(s) appearing for the Case

Steve G. Williams for defendant.

Charles J. Hynes, District Attorney of Kings County (Hillary Schaeffer of counsel), for plaintiff.

OPINION OF THE COURT

SARAH L. KRAUSS, J.

Issue Presented

Defendant is charged in a prosecutor's information with one count of assault in the third degree in violation of Penal Law § 120.00 (1). Defense counsel moves to: (1) inspect the Grand Jury minutes and dismiss the prosecutor's information on the ground of legally insufficient Grand Jury evidence pursuant to CPL 170.50 and 210.30...

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