People v. Rodriguez , 11 N.Y.2d 279 ( 1962 )

Van Voorhis, J. (concurring).

I concur for reversal in the opinion by Judge Fuld. What is said to the effect that “ our examination of the Grand Jury minutes reveals ” the contention to be “ without substance ’ ’ that ‘ ‘ the evidence before the Grand Jury was insufficient”, is not interpreted by me as purporting to overrule People v. Howell (3 N Y 2d 672), but simply as meaning that regardless of whether the grand jury minutes are before us the point has no substance.