Legal Opinion

People v. Marsala

New York Supreme Court

Decided April 19, 1976Published

1Opinion of the CourtLeon B. Polsky, J.

Relying upon the recent Appellate Division decision in Matter of Dondi v Jones (52 AD2d 571), the defendant, some 17 months after arraignment on the indictment, moves for the reinspection of the Grand Jury minutes and the dismissal of the indictment on the grounds that "the office of the Special State Prosecutor acted in excess of its jurisdiction in bringing the instant indictment” and that "the *426Extraordinary and Special Grand Jury exceeded its jurisdiction by considering and voting an indictment in this case”.

As reflected by the indictment, the Grand Jury minutes, the pretrial discovery and…

2Cases cited9 opinions

  1. People v. MinetNew York Court of Appeals · 1947
  2. People v. RalloNew York Court of Appeals · 1976
  3. People v. RalloAppellate Division of the Supreme Court of the State of New York · 1975
  4. People v. DoeAppellate Division of the Supreme Court of the State of New York · 1936
  5. People Ex Rel. Saranac Land & Timber Co. v. Extraordinary Special & Trial Term of the Supreme CourtNew York Court of Appeals · 1917

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