15 N.Y. Crim. 293 | New York Court of General Session of the Peace | 1900
This is a motion to dismiss the indictment herein made pursuant to section 671 of the Code of Criminal Procedure. The indictment herein was filed September 18, igoo, and charges the defendants, one of whom was an attaché of this court, with an attempt to commit the crime of grand larceny (by false pretenses). The minutes of the testimony submitted to the grand jury are before me on this .motion. The alleged false pretenses were to the effect that these defendants “ had arranged to bribe a judge of this court and the district attorney of this county, and thereby secure the release of the complaining witness, who was at the time in prison, under indictment,, and awaiting trial.” Section 671 of the Code of Criminal Procedure, under which this motion is made, provides: “ The court may, either of his own motion, or upon the application of the district attorney, and in furtherance of justice, order an action after indictment, to be dismissed.”
Motion denied.