People v. Gearhart

OPINION OF THE COURT

Raymond Harrington, J.

This is a motion by the defendant, through his attorney, for an order granting leave to renew that portion of his prior omnibus motion which sought a dismissal of the instant indictment on the ground that the evidence presented to the Grand Jury was "legally defective” within the meaning of *250CPL 210.20 (1) (b); 210.35 (5); and 190.25 (6). (See, CPLR 2221; Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C2221:9, at 160.) The defendant bases his motion on the discovery of "new evidence,” to wit: that a physician he had consulted…