In People v. Litzenberger, 234 A.D.2d 947 (4th Dept 1996), the defendant was indicted for rape and sodomy in a grand jury presentation in which another defendant was charged with having separately committed crimes against the same child victim. The court noted that the joinder of the both in one indictment had been improper, but found severance of the cases for trial had cured that error. As to defendant's claim of impairment of the grand jury proceeding itself, the court held the joinder had not met the very precise and high test for dismissal for impaired integrity. The court pointed out that the evidence against each defendant in the grand jury presentation was neither insufficient nor disproportionate, and that the grand jury had been properly instructed to treat the evidence against each defendant separately.