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142 Misc. 477

People v. Nentarz

New York Supreme Court

Decided November 4, 1931

New York Supreme Court · decided 1931-11-04

Relies on People v. Mitchell

Good law ✅— No negative treatment on recordhow we know

Decided 1931-11-04

How this case has been cited

Cited by 9 later decisions — most recently August 1964

2 federal appellate · 5 state decisions

401931194019501960decided

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.

¶1There is no recognized procedure for the suppression by motion of an alleged confession. The defendant has an opportunity at the trial to object to the admission of any confession and to test its admissibility and this is his only remedy. The objectionable statement may not be offered in evidence and *478the defendant is anticipating its use on the trial in this motion. Even if an alleged confession is used before the grand jury, it will not be suppressed on motion. ( United States v. Lydecker, 275 Fed. 976.)

¶2The inspection of the minutes of a grand jury will not be granted where there is clearly sufficient legal evidence upon which to base an indictment. The grand jury is only an inquisitorial body, and its conclusions will stand if there is sufficient legal evidence, “ unexplained and uncontradicted,” to justify an indictment. There is sufficient evidence, in this instance, aside from any alleged confession, to warrant the indictment. (People v. Mitchell, 140 Misc. 869.)

¶3The motion to suppress the alleged confessions and to inspect the grand jury minutes is denied.

¶4So ordered.

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