Legal Opinion

People v. Kramer

New York Court of General Session of the Peace

Decided April 18, 1934PublishedCited by 2 opinions

1Opinion of the CourtFreschi, J.

Motion to inspect grand jury minutes preparatory to a motion to dismiss indictment here. Such a motion rests with the sound discretion of the court, based on an absolute necessity where facts are established authorizing the granting of such relief and where the papers indicate that a motion to dismiss the indictment is proposed in good faith; furthermore, that the basis urged is substantial, affecting some substantial right of the defendant, and more particularly where such an inspection would not work to the prejudice of the People or serve and tend to defeat and deny the ends of justice.…

2Cases cited9 opinions

  1. Lawton v. . SteeleNew York Court of Appeals · 1890
  2. In re MontgomeryAppellate Division of the Supreme Court of the State of New York · 1908
  3. Eighmy v. . the PeopleNew York Court of Appeals · 1880
  4. People v. . HughesNew York Court of Appeals · 1893
  5. People v. JenningsNew York Court of Appeals · 1931

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3Cited by2 opinions

  1. State v. PiersonSupreme Court of Missouri · 1938
  2. People v. NaplesNew York Supreme Court · 1960

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