People v. Francis

OPINION OF THE COURT

Rena K. Uviller, J.

Defendant has been indicted for attempted murder and crim*477inal possession of a weapon in the second and third degrees. He has moved for inspection of the Grand Jury minutes. Having reviewed them, I conclude that the Assistant District Attorney (ADA) did not fulfill her duty as legal advisor to the Grand Jury when she failed to respond accurately to its inquiry and to honor its request for submission of lesser charges. The integrity of the proceedings having been thus impaired to defendant’s prejudice (CPL 210.35 [5]), the indictment is dismissed. Leave is…