People v. Ayala

opinion of the court

Frederick D. Dugan, J.

Defendant, indicted for the offense of assault in the second degree, the class D violent felony (Penal Law, § 120.05), upon the allegation that on January 1, 1982 he recklessly caused serious physical injury to another by means of a dangerous instrument, a knife, here makes certain omnibus motions to that indictment.

Initially defendant moves to dismiss the indictment on the grounds that the evidence before the Grand Jury was legally insufficient to establish the offense charged or any lesser included offense, that the Grand Jury was not properly and…