People v. Archie

OPINION OF THE COURT

Mark Dwyer, J.

Defendant moves pursuant to CPL 210.20 (1) (c) and 210.35 (4) to dismiss the indictment on the ground that the integrity of the grand jury proceeding was impaired because, contrary to the provisions of CPL 190.50, the prosecutor failed to comply with the grand jury’s direction to call defense witnesses.

Procedural Background

Defendant was arraigned on a felony complaint on August 7, 2009. At the arraignment, the People served a CPL 190.50 notice and defense counsel served a reciprocal notice indicating that defendant wished to testify. The matter was scheduled…