People v. Macchio

This is a motion by the defendant for an order to dismiss the informations pending against him. He is here charged with violation of section 130.38 of the Penal Law — consensual sodomy, and of subdivision 3 of section 240.35 of the Penal Law — loitering.

The defendant’s motion seeks dismissal of both informations on the basis that the complaining officer testified before the Grand Jury as to the incidents relating to the current charges. The Grand Jury did not charge the defendant with any of the *697offenses in the subject informations but did charge the defendant with assault in the second…