People v. Phipps

Order, Supreme Court, Bronx County (Phylis Bamberger, J.), issued March 6, 1989, which dismissed indictment No. 746/89, charging defendant with criminal possession of a weapon in the second and third degrees (Penal Law §§ 265.03, 265.02) and menacing (Penal Law § 120.15), unanimously reversed, on the law, the indictment reinstated, and the matter remanded to accord the People an opportunity to present evidence of compliance with CPL 190.25 (1).

Prior to taking the vote on February 10, 1989, the prosecutor ascertained that there was a quorum of grand jurors present who had heard the essential…