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PEOPLE v. HILL

8 A.D.3d 1076 (2004)

778 N.Y.S.2d 653

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. GARTH M. HILL, Respondent.

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

June 14, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

The People appeal from an order granting defendant's motion to dismiss the indictment pursuant to CPL 210.20 (1) (c) on the ground that the grand jury proceeding was defective within the meaning of CPL 210.35 (5). We affirm for reasons stated in the decision at County Court. We note, however, that under CPL 190.50 (6) the decision whether to grant...

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