People v. La Placa

The defendant moves pursuant to CPL 210.20 (subd 1, pars [b], [h]) for an order dismissing the indictment upon the ground that the evidence before the Grand Jury was legally insufficient to establish the offense charged or any lesser included offense and that there exists a legal impediment to conviction of the defendant for the offense charged.

The indictment charges the defendant with perjury in the first degree alleging that sworn testimony of the defendant previously given to the Grand Jury in a gambling investigation was false as to a material matter. The People in present*531ing this case…