Order, Supreme Court, Bronx County (Emily Jane Goodman, J.), entered April 22, 1991, granting defendant’s motion to dismiss the indictment, reversed, on the law and the facts, the indictment reinstated, and the matter remanded for further proceedings.
Dismissal of the indictment was based upon the recollections of a 16-year old witness who alleged, fully six months after the filing of the indictment, that the prosecution had used intimidating tactics in preparing her for her grand jury appearance, and had demonstrated nonverbal disbelief during her testimony before that panel. The hearing on this matter was convened a year after the filing of the indictment because (1) the minutes of the grand jury proceedings shed no light on the allegations of prosecutorial misconduct before the panel, and (2) the prosecutor denied any such misconduct.
Most revealing was the witness’ testimony before the grand jury that she had been treated fairly by the District Attorney’s office. Despite all the alleged intimidation, she later told
We have no disagreement with the dissenters’ general observation that the prosecutor may, under certain circumstances, have an obligation to present evidence to the grand jury favorable to the accused. But we would note that the entire inquiry conducted here by Criminal Term was triggered by the prosecutor’s undertaking to discharge precisely that responsibility, and to procure the testimony of the subject witness, favorable to defendant, despite her considerable reluctance to appear at all.
Finally, defendant raised the issue at the hearing that the prosecutor may have tainted the integrity of the grand jury proceedings by uttering remarks in the corridor outside the grand jury room, during a break, expressing personally held beliefs as to the credibility of witnesses. Even if such inappropriate remarks were made, the possibility that any grand jury member might have overheard them, and was thereby adversely affected in discharging his responsibilities, is nothing more than rank speculation. Concur—Sullivan, J. P., Wallach and Ross, JJ.