People v. Beneway

OPINION OF THE COURT

John G. Leaman, J.

The defendant is charged by indictment with" two counts of vehicular assault in the second degree (Penal Law § 120.03) and one count of operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law §1192 [3]). The court will discuss the said defendant’s omnibus motion in substantially the same order that topics are addressed therein.

*178AS TO ALLEGEDLY PRIVILEGED MATERIAL SUBMITTED TO THE GRAND JURY

Defendant argues under this heading that the Grand Jury proceedings were fatally compromised by reason of the introduction into evidence…