People v. Foster

Appeal from an order of the County Court of St. Lawrence County (Nicandri, J.) entered September 17, 1986, which granted defendant’s motion to dismiss the indictment.

Defendant was charged in a single-count indictment with commission of the crime of burglary in the third degree in that he "knowingly entered and remained unlawfully in the building owned by Larry J. Foley with intent to commit a crime therein”. The crime allegedly occurred on April 21, 1986 in St. Lawrence County. Subsequently, defendant moved to inspect the Grand Jury minutes and for dismissal of the indictment because of…