People v. Maier

Appeal by the People from so much of an order of the County Court, Dutchess County, dated May 25, 1979, as, upon defendant’s motion to inspect the Grand Jury minutes, reduced the first count of the indictment from attempted robbery in the first degree to attempted robbery in the third degree. Order reversed insofar as appealed from, on the law, and the first count of the indictment is reinstated. CPL 210.20 (subd 1, par [b]) does not authorize a reduction of a charge contained in an indictment to a lesser included offense upon the defendant’s pretrial motion for inspection of the Grand Jury…