People v. King

Murphy, J. (dissenting).

Since the instant application is being heard pursuant to leave granted by Mr. Justice Kupferman (Judiciary Law, § 149, subd 2), it appears somewhat incongruous, and perhaps even improper, to refer any portion thereof back to the Justice appointed to preside over the Extraordinary Special and Trial Term. But in any event, and on the merits, I would go further than my colleagues in granting relief to defendant King.

It is alleged, and not seriously disputed, that the presenta*461tion before the Extraordinary Grand Jury commenced well before the instant indictment and dealt…