People v. Morrell

OPINION OF THE COURT

Herman Cahn, J.

Defendant’s motion to dismiss the indictment is granted. The Assistant District Attorney’s failure to answer, in proper form, a question put forth by a grand juror, requires dismissal.

THE FACTS

On October 22, 1986, police officers observed defendant fleeing the scene of a restaurant burglary. He was apprehended at that time. On October 24, 1986, the District Attorney’s office sought indictment of defendant, for burglary in the third degree, by presenting the case to the Grand Jury. When the Assistant District Attorney concluded his presentation of evidence, a…