People v. Kessler

Raymond E. Aldrich, Jr., J.

The defendant Robert Kessler moved to dismiss his indictment upon the ground that women, by virtue of the exemption provided them by section 665 of the Judiciary Law, were systematically excluded from the Grand Jury panel from which the Grand Jury which indicted him was selected, and accordingly his Grand Jury was not representative of a cross section of the community. It is apparent, although not expressly delineated so, this motion was prompted by Taylor v Louisiana (419 US 522), which declared the Louisiana statute concerning the process of selecting the petit…