Hochhauser v. O'Connor

Petitioner seeks an order prohibiting the District Attorney of Queens County ‘1 from presenting any alleged evidence to the Grand Jury against defendant Albert Brown, obtained in violation of the Constitution and Statutes of the State of New York and the United States Constitution

The District Attorney cross-moves for an order “ dismissing the petition herein on the ground that it affirmatively appears therefrom that said petition does not state facts sufficient to entitle the petitioner to the relief prayed for, nor any part thereof,” pursuant to the provisions of section 1293 of the Civil…