People v. Palmer

OPINION OF THE COURT

Seymour Rotker, J.

By motion dated August 21, 2003, the defendant seeks an order of the court dismissing the indictment against him pursuant to CPL 210.35 (5) on the ground of defects in the grand jury proceeding or, in the alternative, dismissing counti five, six, seven and eight thereof pursuant to CPL 210.25 (1) on the grounds that these counts are facially defective.

The People have filed an affirmation dated September 24, 2003 opposing the motion on procedural grounds and on the merits. Procedurally, the People claim that there is no “good cause shown” to extend the…