People v. Montalvo

OPINION OF THE COURT

Anne G. Feldman, J.

Defendant’s motion to dismiss the instant indictment is granted. The evidence before the Grand Jury is legally sufficient to sustain the indictment; however, prejudicial procedural error in the presentation requires its dismissal. The Assistant District Attorney’s refusal to answer certain questions put to him by jurors impaired the integrity of the proceedings, creating a substantial likelihood that defendant was prejudiced.

The charges contained in this indictment stem from two shootings which occurred at the same location within several hours of one…