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140 Misc. 869

People v. Mitchell

New York Supreme Court

Decided June 22, 1931

New York Supreme Court · decided 1931-06-22

Good law ✅— No negative treatment on recordhow we know

Decided 1931-06-22

How this case has been cited

Cited by 6 later decisions — most recently April 1961

6 state decisions

201931194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Rodenbeck, J.

¶1An examination of the grand jury minutes should not be granted where the evidence preponderates so strongly against the defendant that he should not be permitted to examine the minutes to make a motion to dismiss the indictment. The court, on a motion to inspect or dismiss, takes the evidence unexplained and uncontradicted. An examination of the minutes should be permitted only where the court is satisfied that the dismissal of the indictment is fairly arguable. An examination is not permitted merely to inform the defendant of the evidence upon which the indictment is based. Such an examination is not granted as a matter of course.

¶2Motion denied. So ordered.

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