People v. Peary

This is a motion to dismiss an indictment on the grand jury minutes.

The defendant is under indictment for violation of section 483-a of the Penal Law and assault in the second degree.

The witnesses before the grand jury were two girls — one under eight years of age, the complainant, the other five and a half years old.

The elder child was sworn; the younger one was not.

In addition there were a physician, the mother of the complainant,, and a police officer. Their testimony was hearsay, excepting the testimony of the physician that he examined the complainant and found the hymen intact.

This…