Absence of Certification of Grand Jury Transcript by Stenographer

In People v. Velez (144 Misc 2d 18), the grand jury transcript was not certified by the grand jury stenographer; at a pretrial hearing there occurred a discrepancy between the testimony of the police officer at the hearing and his prior grand jury testimony; the prosecutor could not and would not stipulate as to the truth and accuracy of any grand jury testimony; and the defendant moved to dismiss the indictment as defective, claiming that in the absence of certification, the court could not accept the grand jury transcript. The court found that the grand jury transcript did not have to be certified and refused to dismiss the indictment.