People v. Devone

OPINION OF THE COURT

Michael A. Gary, J.

Defendant stands charged with criminal sale of a controlled *582substance in the third degree (Penal Law § 220.39), criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03), and the misdemeanor of endangering the welfare of a child (Penal Law § 260.10). He now moves the court pursuant to CPL 210.20 and 210.35 for dismissal of the charges against him on the grounds that the Grand Jury proceeding was defective as he was not accorded an opportunity to exercise his right to testify before the Grand Jury in accordance with the…