People v. Andino

In People v. Andino, 183 Misc 2d at 292, the defendant's attorney, by letter, requested that two witnesses, specifically named, be called as witnesses before the grand jury. While the People acknowledged receipt of defense counsel's letter and contend that they were fully prepared to offer the names of the defense witnesses to the grand jury, the grand jury minutes clearly established that the People never informed the grand jury of the defendant's request to present witnesses on her behalf. The court held that the failure on the part of the prosecutor to communicate the defendant's request to the grand jury violated the plain language of the statute and that failure to conform with the requirements of the Criminal Procedure Law Article 190 impaired the integrity of the proceedings resulting in prejudice to the defendant.