PEOPLE v. MALAN-POMAEYNA

2009-06136

72 A.D.3d 988 (2010)

898 N.Y.S.2d 508

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOSE MALAN-POMAEYNA, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 20, 2010.


Ordered that the order is affirmed insofar as appealed from.

Pursuant to CPL 190.25 (6), the County Court and the District Attorney are the "legal advisors" of the grand jury. A grand jury "need not be instructed with the same degree of precision that is required when a petit jury is instructed on the law" and the Court of Appeals has "deem[ed] it sufficient if the District Attorney provides the Grand Jury with enough information to enable it intelligently to decide...

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