People v. Montagnino

OPINION OF THE COURT

Eugene L. Nicandri, J.

Pursuant to a pretrial stipulation of counsel, defendant moves the court to dismiss the indictment on the grounds that the Grand Jury proceeding was defective because (1) despite a written request on behalf of the defendant that the Grand *627Jury call certain witnesses, the People failed to inform the Grand Jury of this request, and (2) that the testimony of such witness or witnesses, had it been procured, would have been of an exculpatory nature. Also by stipulation the court will review the Grand Jury testimony and legal charge, in order to determine…