MATTER OF SCHNEIDER v. AULISI


307 N.Y. 376 (1954)

In the Matter of Albert W. Schneider, as District Attorney of Herkimer County, Appellant, v. Felix J. Aulisi, Individually and as a Justice of the Supreme Court, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 14, 1954


Attorney(s) appearing for the Case

Albert W. Schneider, District Attorney, appellant in person.

John T. De Graff and Harold E. Blodgett, respondent in person, for John A. Nicoll and another, respondents.

LEWIS, Ch. J., CONWAY, DESMOND and FROESSEL, JJ., concur with FULD, J.; DYE and VAN VOORHIS, JJ., dissent in an opinion.


FULD, J.

This appeal, here by our leave, poses questions concerning the jurisdiction of a justice of the Supreme Court to entertain a motion for inspection of grand jury minutes and for dismissal of the indictment, on the basis of such minutes, after transfer of the indictment for trial from the Supreme Court to a County Court.

John A. Nicoll and Irvan A. Fredericks were indicted by the grand jury of Herkimer County...

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