People v. Mitchell
This text of 140 Misc. 869 (People v. Mitchell) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
An examination of the grand jury minutes should not be granted where the evidence preponderates so strongly against the defendant that he should not be permitted to examine the minutes to make a motion to dismiss the indictment. The court, on a motion to inspect or dismiss, takes the evidence unexplained and uncontradicted. An examination of the minutes should be permitted only where the court is satisfied that the dismissal of the indictment is fairly arguable. An examination is not permitted merely to inform the defendant of the evidence upon which the indictment is based. Such an examination is not granted as a matter of course.
Motion denied. So ordered.
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Cite This Page — Counsel Stack
140 Misc. 869, 251 N.Y.S. 716, 1931 N.Y. Misc. LEXIS 1571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mitchell-nysupct-1931.