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PEOPLE v. DANIELS

2 A.D.2d 882 (1956)

The People of the State of New York, Appellant, v. William B. Daniels, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

November 13, 1956

There was ample legal evidence before the Grand Jury to support both the original and superseding indictments, and the admission of hearsay and other legally inadmissible evidence to the extent charged is not sufficient to vitiate the indictments (People v. Leary, 305 N.Y. 793, 796 and cases therein cited). In reviewing the sufficiency of an indictment the testimony before the Grand Jury must be taken as true, and it is not for the court...

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