People v. Curry

OPINION OF THE COURT

David Goldstein, J.

This is a motion by defendant, albeit made under the wrong indictment number, to inspect the Grand Jury minutes and, upon that inspection, to dismiss the indictment, which charges attempted murder in the second degree, assault in the first degree and criminal possession of a weapon in the second degree.

Actually, the motion seeks dismissal as a remedy for prosecutorial misconduct in connection with the Grand Jury presentment pursuant to CPL 190.55 and 210.35 (5), namely, the prosecutrix’ failure to inform the Grand Jury that the complainant had recanted…