Legal Opinion

People v. Salvato

New York Supreme Court

Decided June 19, 1958PublishedCited by 2 opinions

1Opinion of the CourtHerbert D. Hamm, J.

This is a motion by the defendant to inspect the Grand Jury minutes and to dismiss the indictment against him. “ It is enough to justify the granting of a motion for inspection if facts be shown from which there is reason to believe that the evidence before the Grand Jury is insufficient or illegal (cf. People ex rel. Lemon v. Supreme Court, 245 N. Y. 24, 31, per Cardozo, Ch. J.). On such a motion the judge is authorized to read the minutes of the Grand Jury.” (People v. Howell, 3 N Y 2d 672, 675.)

I have read the minutes.

Section 392 of the Code of Criminal Procedure provides: “ The rules of…

2Cases cited9 opinions

  1. People Ex Rel. Lemon v. Supreme CourtNew York Court of Appeals · 1927
  2. People v. . SextonNew York Court of Appeals · 1907
  3. People Ex Rel. Hirschberg v. Supreme CourtNew York Court of Appeals · 1936
  4. Schneider v. AulisiNew York Court of Appeals · 1954
  5. People v. MasianoAppellate Division of the Supreme Court of the State of New York · 1938

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3Cited by2 opinions

  1. People v. Buckman, New York County Courts1972
  2. People v. Zigles, New York County Courts1983

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