People v. Suarez

In People v. Suarez, 122 AD2d 861 (2nd Dept 1986), Iv denied 68 N.Y.2d 817 (1986), a murder case, the prosecutor did not introduce prior inconsistent statements made by a Grand Jury witness. The motion court dismissed the indictment finding that the information should have been provided to the Grand Jury. On appeal, the court reversed, holding that "an indictment will not be dismissed provided that the prosecutor did not withhold any information from the Grand Jury which would have materially influenced its investigation. Id., at 862 .