People v. Percy

Memorandum. The order of the Appellate Division should be affirmed.

*808Noting that the People were granted leave both in County Court and at the Appellate Division to resubmit the charges to another Grand Jury, we affirm for the reasons set forth in the Per Curiam opinion at the Appellate Division. In so doing we also express our agreement with the views expressed in that opinion with respect to the disposition of a motion to dismiss an indictment under CPL 210.35 (subd 5) for failure to have recorded the instructions to the Grand Jury in accordance with the mandate of CPL 190.25 (subd 6). Here…