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PEOPLE v. SMITH

4 N.Y.3d 806 (2005)

828 N.E.2d 958

796 N.Y.S.2d 1

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH SMITH, Appellant.

Court of Appeals of the State of New York.

Decided March 24, 2005.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender, Rochester (Timothy P. Donaher of counsel), for appellant.

Michael C. Green, District Attorney, Rochester (Michael J. Nolan of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Following indictment, defendant moved under CPL 210.30 (1) to inspect the grand jury minutes and dismiss the indictment on the ground that "[t]he evidence before the grand jury was not legally sufficient to establish the offense[s] charged" (CPL 210.20 [1] [b]). After reviewing the transcript of the grand jury proceeding, Supreme Court found that the evidence...

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