People v. Crumbaugh

*783OPINION OF THE COURT

Martin Marcus, J.

In this case the Grand Jury voted to indict the defendant on only one of three narcotics charges it was asked to consider. The defendant now argues that the charge for which he was indicted should be dismissed because the prosecutor did not offer the Grand Jury the alternative of indicting him for a lesser included offense. Because the prosecutor was not required to submit that lesser offense to the Grand Jury, the defendant’s motion to dismiss the indictment on this ground must be denied.

The defendant was indicted by the Grand Jury of Bronx County on…