People v. Dzeloski

*868OPINION OF THE COURT

Alexander W. Hunter, Jr., J.

This motion for court inspection of the Grand Jury minutes is granted. Having carefully examined the minutes in camera this court finds that the evidence presented to the Grand Jury was legally sufficient to support the charges or any lesser included offense. (People v Pelchat, 62 NY2d 97 [1984]; People v Calbud, Inc., 49 NY2d 389 [1980].)

However, this court finds that the Grand Jury proceedings were defective within the meaning of CPL 210.35 (5) and therefore grants the defendant’s application to dismiss the indictment pursuant to CPL 210.20…