People v. Rosario

The People appeal from an order of the Supreme Court, Kings County, dated June 26, 1979, which, inter alia, granted defendant’s motion to dismiss the indictment, with leave to resubmit. Order affirmed. We agree with Criminal Term that the instructions given the Grand Jury were insufficient, prejudicial and a denial to the defendant of due process. We also agree that the third count of the indictment, criminal possession of a weapon in the third degree, was insufficient on its face as it failed to include a material element of the crime charged (see Penal Law, § 265.02, subd [4];People v…