People v. Malave

OPINION OF THE COURT

Herbert I. Altman, J.

The defendant, charged with the crime of criminal possession of a weapon in the third degree, moves for inspection of the Grand Jury minutes and dismissal of the indictment. I have inspected the minutes and although the evidence before the Grand Jury was legally sufficient, I find that the indictment must be dismissed as the proceeding was defective (see CPL 210.20, subd 1, par [c]; 210.35, subd 5). The integrity of the Grand Jury was impaired as the People improperly instructed the Grand Jury with regard to its duty to vote an indictment and with…