People v. Harvin

Motion to inspect the Grand Jury minutes or in the alternative to dismiss the indictment.

There are three counts in the indictment. The first charges a violation of section 1053-a of the Penal Law (vehicular homicide). The second count charges the defendant with operating a motor vehicle in an intoxicated condition as a misdemeanor, and the third count charges the defendant with a violation of section 1180 (subd. [b], par. 3) of the Vehicle and Traffic Law (speeding).

There is not a shred of evidence to sustain the first count of the indictment. That the defendant was intoxicated is clearly…