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People v. Brinkman

132 N.E.2d 334, 309 N.Y. 974, 1956 N.Y. LEXIS 1098
CourtNew York Court of Appeals
DecidedJanuary 13, 1956
StatusPublished
Cited by19 cases

This text of 132 N.E.2d 334 (People v. Brinkman) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Brinkman, 132 N.E.2d 334, 309 N.Y. 974, 1956 N.Y. LEXIS 1098 (N.Y. 1956).

Opinion

Per Curiam.

At least twelve of the Grand Jurors, who voted to indict, heard all essential and critical evidence including the testimony of the defendant. Based on such evidence the Grand Jury was privileged to return an indictment, since it was sufficient if unexplained or uncontradicted to warrant a conviction by a trial jury (Code Crim. Pro., § 258). The only testimony not heard by at least twelve of the jurors was of an incriminating [976]*976nature but was not necessary to the finding of the indictment as it was merely repetitious.

The order should be affirmed.

Conway, Ch. J., Desmond, Fuld, Fboessel, Van Vooehis and Burke, JJ., concur; Dye, J., taking no part.

Order affirmed.

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Bluebook (online)
132 N.E.2d 334, 309 N.Y. 974, 1956 N.Y. LEXIS 1098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brinkman-ny-1956.