People v. Sutton

OPINION OF THE COURT

Phylis Skloot Bamberger, J.

The defendants, Earl Bland, Cleveland Sutton and Lee Johnson, are charged with criminal possession a weapon in the third degree and criminal possession of a controlled substance in the fourth degree. Each defendant made a motion to inspect the Grand Jury minutes and to dismiss the indictment. The motions to inspect are granted. This court finds that errors in the instructions to the Grand Jury affected the integrity of the Grand Jury proceedings and prejudiced the defense, requiring dismissal of the indictment. (CPL 190.30 [7]; 210.20 [1] [c];…