In re the Report of the April 1979 Grand Jury of Montgomery County

Mahoney, P. J., and Kane, J.,

dissent and vote to reverse in the following memorandum by Kane, J. Kane, J. (dissenting). We are of the opinion that the trial court lacked statutory authority to impose a limitation on the acceptance of a Grand Jury report. CPL 190.85 provides, in relevant part, as follows: “2. The court to which such report is submitted * * * shall make an order accepting and filing such report *** only if the court is satisfied that ***: (a) The report *** is supported by the preponderance of the credible and legally admissible evidence; and (b) *** each person named therein…