SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: PART 81 X The People of the State of New York • - against - : Decision and Order Harvey Weinstein, Ind. No. 2335/18 Defendant. X James M. Burke, J.: The defendant is charged by indictment with five) felony sex offenses, specifically, Counts One and Three charge Predatory Sexual Assault, Penal Law §130.95(2), Count Two charges Criminal Sexual Act in the First Degree, PL §130.50(1), Count Four charges Rape in the First Degree, PL §130.35(1), and Count Five charges Rape in the Third Degree PL §130.25(3). The defendant moves to dismiss the indictment and for other relief. Count Six, which charged the defendant with Criminal Sexual Act in the First Degree, in violation of PL § 130.50(1) was dismissed on October 11, 2018. The defendant's motion is decided as follows: 1. The defendant mo to, dismiss the indictment claiming defects and deficiencies in t and in the Grand Jury proceedings. CPL §§210.20(1)(a) §210.23(3) and CPL §2 I 0.35(5). The defendant ends that the Grand Jury proceeding was defective as to Counts Three, Four an Five, which relate to the same complainant, because the People failed to provide exculpatory evidence to the Grand Jury of a "long term consensual relationship" between the complainant and the defendant. The defendant also moves to dismiss the other counts of the indictment claiming there exists "additional" exculpatory evidence pertaining to another complainant that the People did not present to the Grand Jury. The People generally enjoy wide discretion in presenting their case and are not required to present exculpatory or mitigating evidence in the Grand Jury. They are not obligated to search for evidence favorable to the defense or to present all evidence in their possession favorable to the accused. The Grand Jury is not an 1 EFTA00793686