PEOPLE v. HORTON


53 Misc.2d 277 (1967)

The People of the State of New York, Plaintiff, v. Leroy Horton, Defendant.

Supreme Court, Criminal Term, Kings County.

March 13, 1967


Attorney(s) appearing for the Case

Arthur F. Marra and Gerald G. Betz for defendant. Aaron E. Koota, District Attorney (Martha Prince of counsel), for plaintiff.


HYMAN BARSHAY, J.

This is a motion by the defendant for an inspection of the Grand Jury minutes, or in the alternative, for an order dismissing the indictment filed on January 31, 1967, on the following grounds:

1. That illegally obtained evidence was presented to the Grand Jury in violation of section 249 of the Code of Criminal Procedure, which provides: "The grand jury can receive none but legal evidence."

2. That the indictment "contains...

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