People v. Pratt

Order of November 9, 1960 unanimously reversed, motion denied, and indictment reinstated. Appeal from order of August 17, 1961 dismissed as academic. Memorandum: Upon motion of defendant-respondent the charge against him pending in the court of the Justice of Peace for driving while in an intoxicated condition was ordered to be prosecuted by indictment. Thereafter the Grand Jury indicted defendant for violation of subdivision 5 of section 70 of the Vehicle and Traffic Law. Defendant then moved to dismiss the indictment upon the ground that the Grand Jury was without jurisdiction and Special…