People v. 80 Main Street Theatre Corp.

Defendant, by way of order to show cause, moves the court for the following relief:(1) Dismissal of the indictment pursuant to CPL 210.20 upon the ground that the indictment was found at a defective Grand Jury proceeding within the meaning of CPL 210.35, and(2) A severance of counts one, two and three from the remaining counts of the indictment.

The basis for defendant’s application for a dismissal of the indictment rests upon the fact that in the course of certain films being shown to a Grand Jury, an unauthorized person was present during the proceeding, to wit: a projectionist.

CPL 190.25…