Legal Opinion

People v. Horton

New York Supreme Court

Decided March 13, 1967PublishedCited by 2 opinions

1Opinion of the CourtHyman Barshay, J.

This is a motion by the defendant for an inspection of the Grand Jury minutes, or in the alternative, for an order dismissing the indictment filed on January 31,1967, on the following grounds :

1. That illegally obtained evidence was presented to the Grand Jury in violation of section 249 of the Code of Criminal Procedure, which provides: ‘ ‘ The grand jury can receive none but legal evidence.”

2. That the indictment ‘ ‘ contains a jurisdictional defect on its face” in that the crime is alleged to have been committed on April 14,1954, and the indictment fails to contain an explanation or…

2Cases cited6 opinions

  1. People v. BlakeAppellate Division of the Supreme Court of the State of New York · 1907
  2. People v. BaileyNew York Supreme Court · 1918
  3. People v. BrownAppellate Division of the Supreme Court of the State of New York · 1933
  4. People v. BradyAppellate Division of the Supreme Court of the State of New York · 1939
  5. People v. . BlakeNew York Court of Appeals · 1908

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3Cited by2 opinions

  1. People v. KohutNew York Court of Appeals · 1972
  2. People v. Nassar, New York County Courts1969

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