PEOPLE v. CROWELL


122 Misc.2d 133 (1983)

The People of the State of New York, Plaintiff, v. James C. Crowell, Defendant.

County Court, Oswego County.

December 14, 1983


Attorney(s) appearing for the Case

Stephen W. Arnold for defendant. John J. Elliott, District Attorney, for plaintiff.


ROBERT G. HURLBUTT, J.

Defendant moves for an inspection of the Grand Jury minutes and a dismissal of the indictment upon the ground of insufficient evidence before the Grand Jury, pursuant to CPL 210.20 (subd 1, par [b]).

The question before the court is whether the facts before the Grand Jury are sufficient to establish the offense charged or any lesser included offense. The test is whether the evidence, unexplained and uncontradicted, would...

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