People v. Sullivan

Rosenberger, J. (dissenting).

I dissent and would vote to reverse the order which, based upon an inspection of the Grand Jury minutes, dismissed the indictment which had charged the defendant with manslaughter in the second degree.

Criminal Term, in its decision and order, correctly noted that "dismissal of the indictment may only be granted if the evidence is not legally sufficient to establish the count charged * * * or any lesser included offense. (CPL 210.20 subd. 1, par b).” It also noted that in making such a determination the evidence presented to the Grand Jury is to be viewed in the…