People v. Odierno

The defendant, a married man, has been indicted by the grand jury for a violation of subdivision 2 of section 2460 of the Penal Law. He now moves for an inspection of the grand jury minutes or, in the alternative, for a dismissal of the indictment.

A reading of the grand jury minutes reveals that the complaining witness, a girl eighteen years of age, met the defendant in Hammondton, N. J., on August 21, 1937; that at the very first meeting she went to a hotel in Atlantic City, where she stayed with the defendant overnight and had intercourse with him. It appears that thereafter the complainant…