Burse v. Bristol

—Petition unanimously dismissed without costs. Memorandum: Petitioner commenced this CPLR article 78 proceeding to compel County Court to hold a hearing on her pre-indictment motion to suppress evidence. Although CPL 710.50 provides that a defendant who has been held by a local criminal court for action by a Grand Jury may make a suppression motion in the superior court that impaneled or will impanel such Grand Jury, the statute does not mandate that a suppression hearing be held prior to indictment. Because petitioner has not demonstrated a clear legal right to the relief she seeks, mandamus…