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PEOPLE v. GARCIA

16 Misc.3d 198 (2007)

838 N.Y.S.2d 854

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. LOUIE GARCIA, Defendant.

Supreme Court, New York County.

March 22, 2007.

Attorney(s) appearing for the Case

Neighborhood Defender Service of Harlem, New York City (Valentina M. Morales of counsel), for defendant.

Bridget G. Brennan, Special Prosecutor, New York City (Abraham George of counsel), for plaintiff.

OPINION OF THE COURT

LAURA A. WARD, J.

The defendant, indicted for a variety of crimes, none of which is classified as a narcotics offense under the Penal Law, alleging a violation of Criminal Procedure Law § 190.25, moves to dismiss the indictment. CPL 190.25 (3) lists those persons authorized to be present during grand jury proceedings. Among the persons listed is "[t]he district attorney" (CPL 190.25 [3] [a]). The defendant asserts that the assistant...

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