People v. Butler

OPINION OF THE COURT

William Miller, J.

After an in camera review of the evidence before the grand jury, the court previously found that the indictment was sufficient in a written decision dated January 28, 2015. The defendant then moved to re-inspect and dismiss the indictment on the grounds that the presentation was procedurally defective for violating the best evidence rule and to dismiss counts one and two as duplicitous. The People oppose the motion on all grounds. Defendant’s motion to re-inspect the grand jury minutes is granted (CPLR 2221); however, defendant’s motion to dismiss the…