People v. Mitchell

Defendants move to inspect the Grand Jury minutes or, in the alternative, to dismiss the indictment. Defendants have been indicted for the crime of feloniously possessing a narcotic drug, one ounce and more of cannabis, in an automobile other than a public omnibus.

Defendants raise the following contentions: (1) the presumption of subdivision 4 of section 1751 of the Penal Law is unconstitutional in that it destroys the presumption of innocence and compels the accused to come forward with evidence to rebut it; (2) the presumption is not here applicable since, upon information and belief, the…