People v. Leary

Orders reversed, motion to dismiss the indictment denied and the indictment reinstated. The record contains legal evidence which, taken together, might, if unexplained or uncontradicted, 'result in a conviction by the trial jury. Accordingly, the finding of an indictment against defendant was warranted. (Code Grim. Pro., § 258.) The introduction of other evidence, improperly received, does not justify setting aside the indictment (see People v. Glen, 173 N. Y. 395; People v. Sexton, 187 N. Y. 495, 511, 512; People v. Rabinowitz, 277 App. Div. 793, affd. 301 N. Y. 763) particularly when, as…