People v. Thompson

Jasen, J. (dissenting).

On this appeal, we are asked to determine whether the People put forward before the Grand Jury sufficient evidence to ‘ ‘ warrant a conviction by the trial jury ’ ’ of the crimes of sodomy in the third degree and sexual abuse in the first degree. (Code Grim. Pro., § 251; People v. Haney, 30 N Y 2d 328; People v. Howell, 3 N Y 2d 672.) In my opinion, the question must be answered in the affirmative, and, accordingly, I would affirm the order reinstating the indictment.

The Grand Jury in this case heard the testimony not only of the young boy complainant, but also of two…