People v. Orlen

OPINION OF THE COURT

Abbey L. Boklan, J.

Defendant, Michael Orlen, moves this court for an order: (1) dismissing the second count of the instant indictment, which charges a violation of Vehicle and Traffic Law § 511 (3) — aggravated unlicensed operation of a motor vehicle in the first degree (a class E felony) — on the grounds that "the Indictment is legally defective and prejudicial to the Defendant”; and (2) dismissing the second count of the indictment "because the evidence presented to the Grand Jury was so prejudicial that the Indictment cannot be sustained for legal sufficiency”.

The…