People v. Chrisholtz

The defendant moves for an inspection of the Grand Jury minutes and for a dismissal of the indictment on the ground that the evidence before the Grand Jury was legally insufficient to sustain this indictment for manslaughter in the second degree. The claim is made that the evidence does not overcome the reasonable hypothesis that the death of the deceased was purely accidental, thereby failing to establish prima facie criminal responsibility on the part of the defendant (Penal Law, § 1054). The evidence before the Grand Jury (taken as true for this motion) establishes the following.

On July…