The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Nonetheless, as the People concede, defendant is entitled to dismissal of the indictment because the prosecutor rendered the grand jury proceeding defective (see CPL 210.35 [5]) by instructing the grand jury that the stolen card at issue was a debit card as a matter of law. This was highly prejudicial, because there were factual issues as to the particular status of...
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