People v. Rosa

OPINION OF THE COURT

Frederic Berman, J.

This case raises an issue of whether a prosecutor may impeach a defendant appearing before the Grand Jury by questioning him about prior bad acts.

On June 21, 1989 the New York County Grand Jury handed *424up an indictment charging defendant with two counts of the crimes of robbery in the second degree (Penal Law § 160.10 [1], [2] [a]). Thereafter, the defendant filed a motion for, inter alla, inspection and dismissal based primarily upon a violation of CPL 210.35 (5), which provides in pertinent part:

"A grand jury proceeding is defective * * * when:

"5. The…