PEOPLE v SIMON

Holding The court denied the defendant’s motion to dismiss the indictment, ruling that evidence later found unreliable or excluded on appeal does not invalidate the grand jury’s decision if it was legally sufficient at the time of indictment. Additionally, the court declined to re-examine the defendant’s claim of a violation of his right to testify before the grand jury, as that issue had already been raised and denied in prior proceedings and on direct appeal.

The court’s words

the court’s function on a motion to dismiss pursuant to CPL 210.20 (1) (b) is limited to an assessment of the legal sufficiency of the evidence at the time of the indictment, not in light of subsequent developments

90 Misc 3d 171, at the official text

Evidence later proven unreliable can legally support an indictment. The standard for sufficiency is whether the evidence before the Grand Jury—if uncontradicted—would support a determination of guilt

90 Misc 3d 171, at the official text

this court will not entertain any such motion

90 Misc 3d 171, at the official text