People v. Nitzberg

The defendant has been convicted of murder in the first degree by two separate juries after protracted trials. Judgment was first pronounced upon him in June, 1941. He had then been awaiting trial upon his indictment from July, 1940. During that period he made no motion to inspect the minutes of the grand jury which indicted him and no motion to dismiss the indictment upon the ground that it had been found upon insufficient evidence. Under those circumstances he waived such objection. (People v. Willett, 213 N. Y. 368; People v. Giordano, 114 Misc. 62; 231 N. Y. 633.)

In December, 1941, we…