People v. Calandrillo

In a previous opinion in this, case (29 Misc 2d 485), I denied a defense motion to inspect the Grand Jury minutes or for dismissal of the indictment.. Reference to that opinion will furnish any necessary background..

I am here confronted with a problem which derives from People ex rel. Lemon v. Supreme Court (245 N. Y. 24).

It will be recalled in that case that Judge Cardozo laid down the rule that notes or memoranda in the possession of the District Attorney were not subject to discovery and inspection by the defense in advance of trial, holding that such would not be evidentiary in any event.

B…