People v. Nunez

OPINION OF THE COURT

Steven W. Fisher, J.

The issue presented on this motion involves the operation and effect of the so-called "inspect and reduce” statutes enacted in 1990 (CPL 210.20 [1-a], [6]).

Under prior law, a defendant’s only available challenge to the sufficiency of Grand Jury evidence lay in a motion to inspect and dismiss. The court was powerless to act, however, unless an inspection of the Grand Jury minutes revealed that the evidence before the Grand Jury was legally insufficient to establish not only the offense charged but any lesser included offense as well (CPL 210.20 [1] [b];…