People v. Mazyck

OPINION OF THE COURT

Sheryl L. Parker, J.

This is a written version of an oral decision rendered from the bench on motion to dismiss an indictment. Defendant was indicted on one charge of robbery in the first degree (Penal Law *210§ 160.15 [3]), and moves to dismiss this charge on the grounds that the indictment is repugnant and therefore defective (CPL 210.20 [1] [a]). Defendant contends that the rules regarding repugnant verdicts at trial should apply to the grand jury. The issue presented then is whether facially repugnant grand jury determinations render an indictment defective requiring…