Attorney General v. Firetog

Because I do not agree that the trial court was authorized under the Criminal Procedure Law to order disclosure of the Grand Jury minutes to defendants under the circumstances presented, I dissent and vote to affirm the order of the Appellate Division. Because there (1) was no motion to dismiss or reduce the indictment pending before the court at the time disclosure was ordered, and (2) CPL 210.30 (3) does not permit the release of Grand Jury minutes as an aid to counsel in the preparation of such a motion, court-ordered release of the Grand Jury minutes to defendants was unauthorized.

The…