People v. Borman

OPINION OF THE COURT

Joseph C. Calabrese, J.

Richard Borman’s motion to dismiss the indictment is denied.

*334Defendant, who was' incarcerated at the time his case was presented to the grand jury, contends the integrity of that proceeding was impaired and its deliberations and decision prejudiced because he was accompanied by an “armed” court officer when he testified before that body. Defendant’s attorney was also present during his testimony.

CPL 190.25 (3) provides the list of persons who, in addition to a witness, may, as the occasion requires, be present during the grand jury proceeding.…