People v. Ferrara

The defendants move this court for an order dismissing these indictments on the grounds that:

1) the evidence before the grand jury was legally insufficient to support the crimes alleged (CPL 210.20, subd [1], par [b]);

2) the grand jury proceeding was defective due to the District Attorney’s failure to instruct the jurors as to an affirmative defense (CPL 210.20, subd [1], par [c]; and

3) dismissal is required in the interests of justice (CPL 210.40).

The court has inspected the grand jury minutes which disclose the following: after ascertaining that the Ferrara family was absent, and while…