People v. Grant

*876A grand jury indicted the defendant on counts of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, and criminal possession of a weapon in the fourth degree. In an order dated October 16, 2009, the County Court, upon reviewing the grand jury minutes pursuant to a stipulation in lieu of motions, dismissed the indictment, with leave to re-present the matter to a new grand jury. The court concluded that the grand jury proceeding was defective within the meaning of CPL 210.35 (5) based on the prosecutor’s failure to instruct the grand jury…