PEOPLE v. MITCHELL

Ind No. 4904/13. Appeal No. 14219. Case No. 2019-361.

197 A.D.3d 1049 (2021)

151 N.Y.S.3d 894

2021 NY Slip Op 05093

The People of the State of New York, Respondent, v. Dwayne Mitchell, Appellant.

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

Decided September 28, 2021.


Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( Adam Murphy of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Claire E. Lynch of counsel), for respondent.

Concur—Acosta, P.J., Singh, Kennedy, Mendez, Higgitt, JJ.


The court properly denied defendant's motion to dismiss the indictment on the ground that the integrity of the grand jury was allegedly impaired by materially false testimony by an undercover officer. There was no violation of defendant's constitutional rights or his statutory right under CPL 210.35(5). "[T]his was not the `rare' case where any alleged errors in the grand jury presentation rose to the level of impairing the integrity of the proceeding and creating a risk...

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