154 N.Y.S. 1103 | New York County Courts | 1915
The defendant was indicted at the February, 1915, term of the Supreme Court for the crime of assault in the third degree. The charge upon which the indictment was found was not presented to a Court of Special Sessions, and was lodged in the first instance with the grand jury which found the indictment. The certificate referred to in section 57 of the Criminal Code was not filed, and could not be filed, because there was no proceeding instituted in a Court of Special Sessions.
The power of the Supreme Court and of the County Court to inquire by the intervention of a grand jury into crimes committed or triable in the county is contained in sections 22 and and 39 of the Criminal Code; and those sections exclude from
Motion granted.