PEOPLE v. MITCHELL


51 Misc.2d 82 (1965)

The People of the State of New York, Plaintiff, v. June Mitchell and Curtis Herrin, Defendants.

Supreme Court, Special and Trial Term, New York County.

December 30, 1965


Attorney(s) appearing for the Case

Anthony F. Marra and Edward Leopold for defendants. Frank S. Hogan, District Attorney (Joseph P. Foley of counsel), for plaintiff.


ABRAHAM N. GELLER, J.

Defendants move to inspect the Grand Jury minutes or, in the alternative, to dismiss the indictment. Defendants have been indicted for the crime of feloniously possessing a narcotic drug, one ounce and more of cannabis, in an automobile other than a public omnibus.

Defendants raise the following contentions: (1) the presumption of subdivision 4 of section 1751 of the Penal Law is...

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