People v. Horne

OPINION OF THE COURT

Julius Vinik, J.

The defendant, as part of his omnibus motion, moves the court to inspect the Grand Jury minutes and upon inspection to dismiss the indictment. The defendant contends that the evidence submitted to the Grand Jury did not make a prima facie case and the instructions by the People rendered the proceeding defective.

In the instant case the defendant was indicted for the crimes of robbery in the first degree (1st count), robbery in the second degree (2d count), and criminal use of a firearm in the first degree (3d count).

The motion to inspect the Grand Jury…