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PEOPLE v. SHAMMAS

5 Misc.3d 702 (2004)

785 N.Y.S.2d 874

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. LAILA SHAMMAS, Defendant.

Criminal Court of the City of New York, Kings County.

October 12, 2004.

Attorney(s) appearing for the Case

Gregory Watts, Brooklyn, for defendant.

Charles J. Hynes, District Attorney, Brooklyn (Barri N. Altberg of counsel), for plaintiff.

OPINION OF THE COURT

WILLIAM E. GARNETT, J.

Is the integrity of a grand jury impaired to the extent that there is a risk of prejudice to a defendant where a grand jury warden, in violation of CPL 190.25 (6), instructs the grand jury on its authority to reconsider its initial decision to dismiss?

On April 12, 2004, the defendant was arraigned on a felony complaint which charged assault in the second degree et al. On April 26, 2004, the District Attorney...

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