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PEOPLE v. HARRIS

100 Misc.2d 736 (1979)

The People of the State of New York, Plaintiff, v. Herbert Harris, Defendant.

Supreme Court, Criminal Term, Kings County.

August 1, 1979

Attorney(s) appearing for the Case

John J. Monteleone for defendant. Eugene Gold, District Attorney (Robert M. Spadaro of counsel), for plaintiff.

GERALD BELDOCK, J.

Defendant has moved to dismiss the indictment on the grounds that the instructions given by the District Attorney to the Grand Jury impaired the integrity thereof to the prejudice of the defendant (CPL 210.35, subd 5) in failing to instruct them that they could request that the case be removed to Family Court (CPL 190.71, subd [b]).

Defendant, 15 years old, has been indicted for the crime of sodomy, first degree. It is alleged...

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