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People v. Brinkman

Court of Appeals of the State of New York
Jan 13, 1956
132 N.E.2d 334 (N.Y. 1956)

Summary

affirming rule that "an indictment is good despite the absence of certain grand jurors on various days when testimony is heard, so long as `at least twelve of the Grand Jurors, who voted to indict, heard all essential and critical evidence'"

Summary of this case from Commonwealth v. Wilcox

Opinion

Argued November 17, 1955

Decided January 13, 1956

Appeal from the Supreme Court, Appellate Division, Second Department, HOFMANN, J.

Henry W. Schober for appellant.

T. Vincent Quinn, District Attorney ( Benj. J. Jacobson, J. Wolfe Chassen and Frank J. Crisona of counsel), for respondent.


At least twelve of the Grand Jurors, who voted to indict, heard all essential and critical evidence including the testimony of the defendant. Based on such evidence the Grand Jury was privileged to return an indictment, since it was sufficient if unexplained or uncontradicted to warrant a conviction by a trial jury (Code Crim. Pro., § 258). The only testimony not heard by at least twelve of the jurors was of an incriminating nature but was not necessary to the finding of the indictment as it was merely repetitious.

The order should be affirmed.

CONWAY, Ch. J., DESMOND, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur; DYE, J., taking no part.

Order affirmed.


Summaries of

People v. Brinkman

Court of Appeals of the State of New York
Jan 13, 1956
132 N.E.2d 334 (N.Y. 1956)

affirming rule that "an indictment is good despite the absence of certain grand jurors on various days when testimony is heard, so long as `at least twelve of the Grand Jurors, who voted to indict, heard all essential and critical evidence'"

Summary of this case from Commonwealth v. Wilcox

In People v Brinkman (309 N.Y. 974, supra) this court affirmed the Appellate Division's reinstatement of an indictment that had been dismissed on the ground that fewer than 12 of the 16 jurors who voted the indictment had heard certain evidence.

Summary of this case from People v. Collier
Case details for

People v. Brinkman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERARD J. BRINKMAN…

Court:Court of Appeals of the State of New York

Date published: Jan 13, 1956

Citations

132 N.E.2d 334 (N.Y. 1956)
132 N.E.2d 334

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