People v. Horton
New York Supreme Court
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
- People v. BlakeAppellate Division of the Supreme Court of the State of New York · 1907
- People v. BaileyNew York Supreme Court · 1918
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1933
- People v. BradyAppellate Division of the Supreme Court of the State of New York · 1939
- People v. . BlakeNew York Court of Appeals · 1908
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3Cited by2 opinions
- People v. KohutNew York Court of Appeals · 1972
- People v. Nassar, New York County Courts1969