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PEOPLE v. J.S. ATL. DENTAL, P.C.

2019-14545, 2020-06983. Ind. No. 2160/17.

202 A.D.3d 708 (2022)

158 N.Y.S.3d 612

2022 NY Slip Op 00681

The People of the State of New York, Respondent, v. J.S. Atlantic Dental, P.C., Appellant. The People of the State of New York, Respondent, v. Joseph Shyknevsky, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided February 2, 2022.

Attorney(s) appearing for the Case

The Law Offices of Nathaniel Z. Marmur, PLLC, New York, NY, for appellants.

Letitia James, Attorney General, New York, NY (Nikki Kowalski and Dennis A. Rambaud of counsel), for respondent.

Iannacci, J.P., Chambers, Miller and Ford, JJ., concur.

Ordered that the judgments are affirmed.

The defendants contend that the grand jury proceeding was defective and that the Supreme Court should have dismissed the indictment on that basis. Dismissal of an indictment pursuant to CPL 210.35(5) is warranted only where "prosecutorial wrongdoing, fraudulent conduct or errors potentially prejudice the ultimate decision reached by the Grand Jury" (People v Huston, 88 N.Y.2d 400,...

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