People v. Lewis

OPINION OF THE COURT

Lorraine S. Miller, J.

This case raises a novel question concerning the propriety of *938an indictment which was returned in apparent haste, by the Grand Jury, who were allegedly piqued by the late hour at which defendant testified. Based upon defendant’s uncontroverted motion papers, this court concludes that the circumstances underlying the presentation, as well as the failure to provide instructions about justification, so impaired the integrity of the proceeding such that dismissal of the indictment is mandated (CPL 210.35).

I. THE FACTS

Defendant was indicted for a battery…