166 Misc. 269 | New York Court of General Session of the Peace | 1938
The defendant Edward Smith makes a motion to inspect the proceedings of the grand jury upon which the indictment here was found.
Robbery in the first degree is charged.
The affidavit submitted deals with hearsay evidence concerning the identification of the defendant at the police line-up as one of the persons involved in the crime. On this there is a disputed question of fact, which is purely a defense matter, and the court must not be left to speculate about whether this subject-matter was established before the grand jury. Questions regarding the motive or absence of motive, as here claimed, are facts for a trial jury rather than for a court on this sort of a motion.
Many counsel for defendants have lately addressed similar motions to this court in cases where the papers failed to show grounds for granting an inspection of the minutes. They content themselves with hearsay, opinions, comments and, in some instances,
Inspection of grand jury minutes is not a matter of absolute right. (People v. Joslin, 129 Misc. 790.) There may, however, be considerations where the manifold demands of justice, in the light of special circumstances, make necessary an inspection of the grand jury minutes by the court to aid its conscience in determining whether an inspection by the defendant should be allowed. If, through lack of knowledge, the defendant cannot aver sufficient facts in his affidavit so as to warrant an inspection, motions of this character should be denied. Experiments and fishing excursions are not to be countenanced.
This motion is denied.