People v. Johnson

OPINION OF THE COURT

Donald J. Mark, J.

This is an application by the defendant, who is charged with the crimes of robbery, first degree, and petit larceny, to dismiss the indictment pursuant to CPL 210.20 (1) (c), upon the ground that the Grand Jury proceeding was defective in eight respects.

The first seven allegations of improper conduct on the part of the prosecutor may be summarily disposed of as follows:

*792(1) The brief hiatus in the defendant’s testimony to obtain a ruling from the presiding Judge was not unlawful (see, People v Doe, 151 Misc 2d 829). (2) The defendant by testifying…