Citation Numbers: 171 Misc. 347
Judges: Fennelly
Filed Date: 5/10/1939
Status: Precedential
Modified Date: 1/12/2023
This is a motion to dismiss the indictment upon the grand jury minutes. The indictment was found by a Supreme Court grand jury and transferred to the County Court. Subsequently a motion for an inspection of the grand jury minutes was granted in the Supreme Court, and thereafter a motion was made in the County Court for a dismissal of the indictment upon the grand jury minutes. This latter motion was denied.
As the indictment is now in the County Court, in my opinion it is not properly the subject of attack in this court which ordered its transfer, and this motion must be denied. People ex rel. Hirschberg v. Supreme Court (269 N. Y. 392), I think, indicates this,