People v. Montanez

OPINION OF THE COURT

White, J.

As a result of an incident in the Village of Endicott, Broome *234County, on September 8, 1995, defendant was arrested and charged with robbery in the second degree. On October 17, 1995 the case was presented to the Grand Jury and seven witnesses, including defendant and his girlfriend, testified. In addition, defendant’s statement to the Endicott police was received in evidence. After being instructed as to the law regarding robbery in the second degree and assault in the third degree, the Grand Jury voted no bill on the robbery charge and directed that a…