People v. Cullins

OPINION OF THE COURT

Victor M. Ort, J.

Defendant’s motion to dismiss the indictment for insufficiency of Grand Jury evidence and defective Grand Jury proceeding is granted with leave to the People to re-present.

On July 15, 1996 the defendant was indicted for an attempt to commit assault in the second degree, a class E felony (count 1), and criminal contempt in the second degree, a class A misdemeanor (count 2). The court notes initially that the second count of the indictment is facially defective. Count 2, the criminal contempt charge, alleges that on May 23, 1996 "the said defendant violated…