Legal Opinion
People v. Berkey
New York County Court, Kings County
Decided January 26, 1939PublishedCited by 1 opinion
1Opinion of the CourtFitzgerald, J.
It is stated in the moving affidavit that by direction of a grand jury, approved by the court, the district attorney has filed an information in the Court of Special Sessions against defendant.
The purpose of the inspection is stated to be to enable defendant to make a motion to dismiss the information because the testimony before the grand jury is insufficient to sustain the information.
No such procedure is known to the law. (People v. May, 158 Misc. 488.)
Section 742 of the Code of Criminal Procedure states what an information must recite.
*906If the facts alleged do not set forth a crime, the…
2Cases cited7 opinions
- People v. ZambounisNew York Court of Appeals · 1929
- People v. McCarthyNew York Court of Appeals · 1929
- People v. JackersonNew York Court of Appeals · 1928
- People v. LevineNew York Court of General Session of the Peace · 1936
- People v. May, New York County Courts1936
2 more not listed; retrieve them via the Exa API.