People v. Potter

The moving defendants have applied for an inspection of the Grand Jury minutes or, alternatively, for a dismissal of the indictment herein charging a violation of subdivisions 2 and 3 of section 1751 of the Penal Law on the grounds that the presumption of a knowing possession and control of the narcotic in question, as provided for under subdivision 4 of section 1751 of the Penal Law, is inapplicable as to them. The contention is urged that since the preliminary hearing disclosed, as adduced from the testimony of the arresting officer, that the movants were seated alongside each other in the…