People v. Boulet

The above-named defendants, through their attorney, move to dismiss the charges against them in the furtherance of justice pursuant to CPL 170.30 (subd 1, par [g]) due to prosecutorial misconduct.

The facts alleged, and which are substantially undisputed, are as follows:

1. Mary Boulet, the wife of one of the defendants, was served a subpoena on June 17, 1976 about 3:00 p.m. at her apartment, commanding her to appear before a Grand Jury of Monroe County at the Hall of Justice, Rochester, New York "Forthwith” as a witness in a criminal action against Silas Murray and Douglas Curry. She was then…