People v. Davis

OPINION OF THE COURT

Michael R. Juviler, J.

The question presented, apparently a novel one, is whether on a motion to dismiss an indictment a Judge of a superior *663court may review on the merits a ruling of another Judge of the same court, made during the Grand Jury proceedings, relating to the presentation of evidence to the Grand Jury.

This is a written version of an oral decision issued on August 24, 1994, denying a motion to dismiss the indictment pursuant to CPL 210.20 (1) (c); 210.35 (5); 190.25 (6) and 190.50 (6), for a defect in the Grand Jury proceedings. The defendant is charged with…