People v. Albero

Mancuso, J.:

This is a motion to dismiss the indictments on the grounds that there was no legal evidence before the grand jury to warrant the finding of the indictments, and also because illegal *116and hearsay evidence was received by the grand jury in violation of section 256 of the Code of Criminal Procedure.

The indictments charge the defendants with the crimes of assault in the first and second degrees (Penal Law, §§ 240, 242) in that they committed an assault upon one Tony Bruno on the 8th day of February, 1922. Nine witnesses testified before the grand jury but none of them was able to…