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PEOPLE v. SMITH

196 Misc. 304 (1949)

The People of the State of New York, Plaintiff, v. Samuel B. Smith, Bernard Camen, Abraham Newman and Hyman Cowen, Defendants. The People of the State of New York, Plaintiff, v. Samuel B. Smith, Abraham Newman and Hyman Cowen, Defendants. The People of the State of New York, Plaintiff, v. Samuel B. Smith, Defendant. The People of the State of New York, Plaintiff, v. Herman Paul, Nathan Rabinowitz and Frank Rao, Defendants. The People of the State of New York, Plaintiff, v. Nathan Rabinowitz, Herman Paul and Jose Gil, Defendants. The People of the State of New York, Plaintiff, v. Max Salpeter, Herman Paul and Jose Gil, Defendants.

County Court, Kings County.

July 15, 1949.

Attorney(s) appearing for the Case

Edward H. Levine, Abraham H. Brodsky, Walter R. Hart and Harry Gittelson for the motions.

Miles F. McDonald, District Attorney (Solomon A. Klein and Aaron Nussbaum of counsel), opposed.

SOBEL, J.

These are motions to dismiss six indictments.

All of the defendants have been granted an inspection of the Grand Jury minutes by Judge Leibowitz. And, by further order, solely on issues of law, Judge Leibowitz has dismissed some forty counts of these indictments. The defendants contend, on these motions before me, that there is insufficient legal evidence before the Grand Jury to warrant...

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