People v. Geant

OPINION OF THE COURT

John V. Vaughn, J.

Defendant has orally moved to dismiss count 2 of the indictment (criminal solicitation in the fifth degree) upon the ground that the Grand Jury may not indict for a violation.

The cases relied upon by the defendant in support of the proposition that a Grand Jury may not indict for a violation (People v Du Pont, 28 AD2d 1135; People v Clairborne, 36 AD2d 500, revd 29 NY2d 950) dealt with the prior Code of Criminal Procedure and are not controlling. CPL 200.20 provides in part: "1. An indictment must charge at least one crime and may, in addition, charge in…