People v. Diaz

*182OPINION OF THE COURT

Lawrence H. Bernstein, J.

The instant indictment charges the defendant with the crimes of murder in the second degree, criminal possession of a weapon in the fourth degree and other related offenses. The accusations arise out of an incident which took place on Bikers Island where the defendant was incarcerated awaiting trial on an unrelated murder indictment and which resulted in the death of another inmate, one Luis Guzman.

The defendant now moves to dismiss the indictment as defective upon the ground that the District Attorney arbitrarily denied him a fair opportunity to…