Legal Opinion
People v. AuClair
New York County Courts
Decided June 8, 1973PublishedCited by 4 opinions
1Opinion of the CourtJoseph Jiudice, J.
This is a motion by the above-named defendant made pursuant to CPL 210.20 (subd. 1, par. [c]) to dismiss the indictment on the ground the Grand Jury proceeding was defective within the meaning of section 210.35 in that the order of the County Court extending the term of the March.April 1972 Grand Jury which indicted him did not conform to the requirements of subdivision 1 of CPL 190.15.
The defendant bases the motion on two grounds, namely, the Grand Jury did not join in the verified petition presented to the court requesting the extension of its term and that the court order extending such…
2Cases cited4 opinions
- The People v. . PetreaNew York Court of Appeals · 1883
- Matter of Reynolds v. CropseyNew York Court of Appeals · 1925
- Matter of McDonald v. ColdenNew York Court of Appeals · 1945
- In re Darren H.New York Family Court · 1998
3Cited by4 opinions
- People v. RalloAppellate Division of the Supreme Court of the State of New York · 1975
- State v. RoarkCourt of Appeals of Alaska · 1985
- People v. ColebutNew York Supreme Court · 1976
- People v. LivotiNew York Supreme Court · 1995