People v. Napoli

This is a motion by the defendant for an order dismissing the indictment on the ground that the defendant was not afforded an opportunity to appear and testify before the Grand Jury as permitted by the Criminal Procedure Law. The defendant has clearly misread the language and purpose of the relevant sections.

The underlying facts are not in dispute. The defendant was arraigned upon a felony complaint in the Nassau County District Court, First District, on December 21, 1970. He waived a felony examination and was ordered held to await Grand Jury action. On September 24, 1971 he was indicted and…