People v. Minor

*279OPINION OF THE COURT

Carol Berkman, J.

Defendant, indicted for murder in the first degree (intentional murder in the course of a robbery), murder in the second degree and robbery in the first degree, has moved for an order dismissing the indictment and compelling the People to re-present to a new grand jury and, in re-presenting, to instruct on manslaughter in the second degree pursuant to Penal Law § 125.15 (3).1 The ground for this application is that information discovered subsequently to the original grand jury presentation supports the defendant’s claim, in his statements to the police,…