People v. Pezzimenti

—Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: County Court erred in denying the motion of defendant to dismiss those counts of the indictment charging him with theft of services in violation of subdivisions (6) and (7) of Penal Law § 165.15 on the ground that the prosecutor failed to instruct the Grand Jury that the presumptions set forth in each subdivision are rebuttable. That issue is preserved. Defendant testified and offered proof before the Grand Jury tending to rebut the presumptions. On these facts, the failure to…