People v. Nunez

OPINION OF THE COURT

Herman Cahn, J.

Defendant was indicted for criminal possession of a weapon *1063in the third degree. He moves, pursuant to CPL 210.20, for inspection of the Grand Jury minutes and dismissal of the indictment. Defendant’s motion is granted, and the indictment dismissed, with leave given the People to resubmit if they so desire.

The transcript of the Grand Jury proceedings reveals that during the presentation to the Grand Jury, a grand juror asked a question regarding the circumstances surrounding the search of defendant (and subsequent recovery of a gun). The Assistant District…