People v. Smaka

The defendant, Ronald John Smaka, was arraigned in this court on January 5,1954, upon an indictment for criminal negligence, in violation of section 1053-c of the Penal Law, found by the December, 1953, Grand Jury of the Supreme Court, and transferred to this court for disposition.

*296Upon the arraignment, the attorney for the defendant moved for a dismissal of the indictment upon the ground that the evidence produced before the Grand Jury was insufficient upon which to find an indictment.

The defendant’s attorney made his motion, based upon the minutes of the coroner’s inquest, assuming that the…