In re the Second Report of the November, 1968 Grand Jury

Chief Judge Fuld.

The appellants challenge the constitutionality of section 253-a of the Code of Criminal Procedure, the statute which authorizes the grand jury to submit a report to the court concerning noncriminal misconduct or neglect in office by a public officer or employee.

The appeal is properly before us, whether the proceeding under section 253-a be regarded as criminal or civil.1 Section 517-a of the Code, it is true, recites that the Appellate Division in such a proceeding ‘ ‘ shall be the sole court having jurisdiction of * * * an appeal ” and that its order “ shall not be subject…