People v. Lucarelli

OPINION OF THE COURT

Mario J. Rossetti, J.

Defendant has been indicted for official misconduct in violation of Penal Law § 195.00 (1), and hindering prosecution in violation of Penal Law § 205.55, and h&s moved for dismissal of the indictment on the grounds that the evidence before the Grand Jury was not legally sufficient to establish the offenses charged. The People contend that legally sufficient evidence was presented to the Grand Jury to establish both counts of the indictment which was returned on June 8, 2001.

The first count of the indictment, charging defendant with official misconduct…