People v. DeLio

Motion to dismiss this Indictment, No. 1249/72, on the ground that it resulted from a Grand Jury presentation not authorized by court order.

CPL 190.75 provides:

“ 1. If upon a charge that a designated person committed a crime, either (a) the evidence before the grand jury is not legally sufficient to establish that such person committed such crime or any other offense, or (b) the grand jury is not satisfied that there is reasonable cause to believe that such person committed such crime or any other offense, it must dismiss the charge. In such case, the grand jury must, through its foreman or…