People v. Monroe

The defendant has been accused by indictment of the crimes of incest and rape in the third degree. The defendant moves for an order dismissing the indictment upon the ground that he was not accorded an opportunity to appear before the Grand Jury which returned the indictment to give evidence in his own behalf pursuant to CPL 190.50.

The facts are not in dispute. The defendant was arrested on March 15, 1973, and charged with incest. At that time he was taken before the Honorable John Oliver, Justice of the Peace of the Town of Canton, and he requested a preliminary hearing. The preliminary…