Legal Opinion

People v. Kovacs

New York County Courts

Decided November 22, 1972PublishedCited by 4 opinions

1Opinion of the CourtJoseph Jitjdice, J.

This is a motion by the defendant for an order to inspect the Grand Jury minutes and to dismiss the indictment on the following grounds:

1. That the evidence adduced before the Grand Jury, upon which the indictment was based, was insufficient in law to warrant the finding thereof.

2. That the Grand Jury received other than legal evidence and the indictment herein is not based upon legal evidence.

3. That some of the evidence adduced before the Grand Jury was obtained as a result of a violation of the defendant’s rights as set forth in the Constitution of the United States and the Constitution of…

2Cases cited3 opinions

  1. The People v. . PetreaNew York Court of Appeals · 1883
  2. People v. HowellNew York Court of Appeals · 1958
  3. Matter of McDonald v. ColdenNew York Court of Appeals · 1945

3Cited by4 opinions

  1. Seidenberg v. ROCKLAND COUNTY CT.New York Court of Appeals · 1974
  2. Kerns v. WolvertonWest Virginia Supreme Court · 1989
  3. In e Grand Jury, New York County Courts1985
  4. Seidenberg v. ROCKLAND COUNTY CT.New York Court of Appeals · 1974

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