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PEOPLE v. MILES

2009-11673

76 A.D.3d 645 (2010)

905 N.Y.S.2d 775

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JARROD MILES, Respondent.

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

Decided August 17, 2010.

Ordered that the order is reversed, on the law, that branch of the defendant's omnibus motion which was, in effect, pursuant to CPL 210.35 (5) to dismiss the indictment is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Rockland County, for further proceedings.

Dismissal of an indictment pursuant to CPL 210.35 (5) is appropriate where the grand jury proceeding is defective in that it...

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