People v. Posas

OPINION OF THE COURT

Phylis Skloot Bamberger, J.

The defendant is charged with operating a motor vehicle while under the influence of alcohol as a felony (Vehicle and Traffic Law § 1192 [2], [3]). The defense motions to inspect the transcript of Grand Jury proceedings and to dismiss the indictment were granted in an order dated May 18, 1989. The *974court found there was a violation of People v Cade (140 AD2d 99 [2d Dept 1988]), when the People reopened the case without court permission after the Grand Jury had voted to indict the defendant for a misdemeanor of driving while intoxicated. The…