People v. Carde

J. Kenneth Servé, J.

The defendant has made a motion for an order to inspect the minutes of the Grand Jury, or in the alternative, to dismiss the indictment upon the ground that the same is contrary to law, and founded upon insufficient, inadequate and illegal evidence.

It is a fundamental rule that there is a presumption that an indictment is based upon legal and sufficient evidence until there is satisfactory proof to the contrary. (People v. Glen, 173 N. Y. 395 ; People v. Sexton, 187 N. Y. 495.) Examination of Grand Jury minutes cannot be had as a matter of right. (Matter of Montgomery, 126…