People v. Herbert

OPINION OF THE COURT

Sarah L. Krauss, J.

Issue Presented

Defendant is charged in a prosecutor’s information with one count of assault in the third degree in violation of Penal Law § 120.00 (1). Defense counsel moves to: (1) inspect the Grand Jury minutes and dismiss the prosecutor’s information on the ground of legally insufficient Grand Jury evidence pursuant to *672CPL 170.50 and 210.30, and (2) dismiss the prosecutor’s information on the ground of defective Grand Jury proceedings pursuant to CPL 170.50 and 210.35 (5).

This court initially grants the defense motion to inspect the Grand Jury…