People v. Conley

CourtNew York Court of General Sessions
Writing for the CourtTHOMAS DICKENS
Citation225 N.Y.S.2d 521
Decision Date16 March 1962
PartiesThe PEOPLE of the State of New York v. Cliff CONLEY and Nicholas La Vacca, Defendants.

Page 521

225 N.Y.S.2d 521
The PEOPLE of the State of New York
Cliff CONLEY and Nicholas La Vacca, Defendants.
Court of General Sessions, New York County.
March 16, 1962.

Frank S. Hogan, Dist. Atty., New York City (James F. Gill, Jr., New York City, of counsel), for the People .

James J. Mahon, New York City, for defendants.


Testimony, as is revealed in the grand jury minutes under consideration, when steeped in suspicion, conjecture, surmise, and guess, is a poor substitute, indeed, for the quality of proof necessary for the sustenance of an indictment. The result is that on the whole then, the record of the grand jury inquiry in this case, shows itself to be barren of the quality required by the standard pronounced in section 251 of the Code of Criminal

Page 522

Procedure. Consequently, the evidence is held to be insufficient in law for the support of the indictment. See People v. Sclafani, 8 Misc.2d 986, 168 N.Y.S.2d 713; People v. Fleckenstein, 27 Misc.2d 728, 211 N.Y.S.2d 904.

This motion in the alternative for a dismissal of the indictment charging grand larceny, criminally receiving stolen property, and criminally concealing, instituted in behalf of defendant, Cliff Conley, is, therefore, granted.

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