People v. Leary

Bergan and Halpern, JJ.

(dissenting). The Code of Criminal Procedure (§ 313) is very specific in stating the reasons for which an indictment may be dismissed and in withdrawing expressly all other grounds from the range of judicial action. Usually courts would feel themselves required to obey this procedural direction of the Legislature according to its terms. None of the grounds upon which the Legislature authorized dismissal of an indictment exist in this case.

The reasons for which it has boon asserted from time to time that courts will break through the prohibitions imposed upon them by…