People v. Sclafani

This is a motion for a dismissal of the indictment. Prior thereto, a motion for the inspection of the Grand Jury minutes had been granted.

The charge in the indictment is grand larceny for stealing a quantity of merchandise valued at $120.

The People’s evidence, submitted to the Grand Jury, is, in substance, as follows: About 7:10 a.m. on February 19, 1957 defendant, employed as the elevator operator in the building involved in the alleged larceny, was seen in the company of one Lubin, a truckman’s helper, in the doorway of a cafeteria located in the premises adjoining this building. It seems…