Legal Opinion
People v. Besser
New York Court of General Session of the Peace
Decided April 25, 1955PublishedCited by 9 opinions
1Opinion of the CourtGelleb, J.
Defendant moves for an order dismissing the indictment herein on the ground that the court lacked the power, on its own motion, to resubmit the charge to a grand jury, where a prior grand jury had considered the charge and returned a “ dismissal ” thereof to the court.
The charge of grand larceny in the first degree against the defendant was first submitted to the Fourth Grand Jury, November, 1954, Term, on November 19, 1954. That Grand Jury failed to find an indictment and returned to the court a “ dismissal ” of the charge.
On November 24, 1954, on its own motion, this court directed that the…
2Cases cited14 opinions
- Hale v. HenkelSupreme Court of the United States · 1906
- McCluskey v. . CromwellNew York Court of Appeals · 1854
- Meltzer v. KoenigsbergNew York Court of Appeals · 1951
- People Ex Rel. Meyer v. WardenNew York Court of Appeals · 1936
- Daniman v. Board of EducationNew York Court of Appeals · 1954
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- People v. SternNew York Court of Appeals · 1958
- People v. Benson, New York County Courts1955
- Prentice v. GulottaNew York Supreme Court · 1958
- People ex rel. Besser v. RuthazerAppellate Division of the Supreme Court of the State of New York · 1957
- People v. MartinNew York Supreme Court · 1978
4 more not listed; retrieve them via the Exa API.