People v. Grout

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1915

Appellate Division of the Supreme Court of the State of New York · decided 1915-01-15

Appeal by the defendant, Edward M. Grout, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 14th day of November, 1914, denying, without prejudice to a renewal thereof, defendant’s motion to supersede and set aside an indictment found against him October 11, 1911, and to dismiss the same for lack of prosecution; and defendant separately appeals from that part of said order, made upon…

Relies on People v. . Green

Decided 1915-01-15

Burr, J. (concurring):

¶1I concur. Personally, I think the defendant may not be without practical remedy even if the order appealed from was improperly made. Authority is given to move to change the place of trial from a County Court to a term of the Supreme Court held in another county, on the ground that a fair and impartial trial cannot be had in the county where the indictment is pending. (Code Crim. Proc. § 344, subd. 2.) While such motion must be made in the Supreme Court (Code Crim. *224Proc. § 346), it is not necessary in order to make such motion that the indictment should be transferred from the County Court to the Supreme Court in the county where it was found. (People v. Green, 201 N. Y. 172.)

¶2Appeal dismissed.