People v. Crump

OPINION OF THE COURT

John Carey, J.

Defendant’s instant motions to dismiss the indictment upon review of the Grand Jury proceedings require analysis of a prosecutor’s duty to instruct a Grand Jury as to an exculpatory defense. In deciding the motion, the court must respect*567fully disagree with the recent decision in People v Mosby (NYLJ, May 15, 1992, at 28, col 3 [Sup Ct, Kings County]) in an area where appellate guidance would seem appropriate.

Defense counsel, in his affirmation, suggests that an alibi instruction was required at the Grand Jury proceedings because the "defense of alibi * * * is…