People v. Cummings

OPINION OF THE COURT

Carolyn E. Demarest, J.

The instant omnibus motion, which includes the usual *971application to inspect the Grand Jury minutes and dismiss the indictment pursuant to CPL article 210, raises a question of first impression: Does repugnancy in the findings of the Grand Jury require dismissal of the indictment?

CPL article 210 provides for dismissal of an indictment upon several specified grounds including defective indictment (CPL 210.20 [1] [a]); legally insufficient evidence (CPL 210.20 [1] [b]); defective proceedings (CPL 210.20 [1] [c]; 210.35); immunity or double jeopardy (CPL…