People v. Smith

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Following indictment, defendant moved under CPL 210.30 (1) to inspect the grand jury minutes and dismiss the indictment on the ground that “[t]he evidence before the grand jury was not legally sufficient to establish the offense[s] charged” (CPL 210.20 [1] [b]). After reviewing the transcript of the grand jury proceeding, Supreme Court found that the evidence presented to the grand jury was, in fact, sufficient. In a decision and order to this effect, Supreme Court also pointed out that the indictment stated…