People v. Simon

Appeal by the People from an order of the Supreme Court, Kings County (Rienzi, J.), dated September 16, 1991, which granted the defendant’s motion to dismiss the indictment, with leave to resubmit, on the ground that he was deprived of his right to appear before the Grand Jury pursuant to CPL 190.50.

Ordered that the order is reversed, on the law, the motion is denied, and the indictment is reinstated.

The defendant was accused of committing two robberies, occurring one week apart and involving different victims. On March 7, 1991, the People served notice of their intent to submit the robbery…