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MATTER OF SIMONSON v. CAHN

27 N.Y.2d 1 (1970)

In the Matter of Franklin E. Simonson, as Foreman of the December Term, 1969, Grand Jury, Respondent, v. William Cahn, as District Attorney of the County of Nassau, et al., Appellants.

Court of Appeals of the State of New York.

Decided July 1, 1970.

Attorney(s) appearing for the Case

William Cahn, District Attorney (Henry P. DeVine of counsel), for appellants.

Leo F. McGinity for respondent.

Judges BERGAN, BREITEL and GIBSON concur with Chief Judge FULD; Judge JASEN dissents and votes to reverse in a separate opinion in which Judge SCILEPPI concurs; Judge BURKE taking no part.

Chief Judge FULD.

On this appeal, we are asked to overturn this State's settled rule and allow a defendant, charged with a felony, to waive indictment by a grand jury and go to trial on an information filed by the District Attorney.

In October of 1969, informations were filed against Clarence Smith in the District Court of Nassau County accusing him of a misdemeanor — possession of a narcotic drug...

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