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PEOPLE v. ARCHIE

7178/09.

28 Misc.3d 617 (2010)

902 N.Y.S.2d 319

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. RODNEY ARCHIE, Defendant.

Supreme Court, Kings County.

Decided May 14, 2010.

Attorney(s) appearing for the Case

John A. Scarpa, Jr. , Bayside, for defendant. Charles J. Hynes , District Attorney, Brooklyn ( Julia Cervantes of counsel), for plaintiff.

OPINION OF THE COURT

MARK DWYER, J.

Defendant moves pursuant to CPL 210.20 (1) (c) and 210.35 (4) to dismiss the indictment on the ground that the integrity of the grand jury proceeding was impaired because, contrary to the provisions of CPL 190.50, the prosecutor failed to comply with the grand jury's direction to call defense witnesses.

Procedural Background

Defendant was arraigned on a felony complaint on August 7, 2009. At...

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