People v. Colban

OPINION OF THE COURT

David Stadtmauer, J.

After inspecting the Grand Jury minutes in camera, the *33court finds that the People’s presentation was defective and improper, and that the integrity of the Grand Jury proceeding was thus materially impaired.

During the presentation of evidence — after testimony by the People’s two eyewitnesses and a detective — the prosecutor made the following statement: “At this time, I would like to inform the ladies and gentlemen of the grand jury that the defendant in this case does not wish to testify. However, the defense does have two witnesses * * * who would…