People v. Rooks

CourtNew York Court of General Sessions
Writing for the CourtIRWIN DAVIDSON
Citation229 N.Y.S.2d 923,35 Misc.2d 598
Decision Date24 May 1962
PartiesPEOPLE v. Zina ROOKS.

Page 923

229 N.Y.S.2d 923
35 Misc.2d 598
PEOPLE

v.
Zina ROOKS.
Court of General Sessions, New York County.
May 24, 1962.

Page 925

[35 Misc.2d 599] Joel H. Weinberg, New York City, for defendant, in support of the motions.

Frank S. Hogan, by Edward M. Davidowitz, New York City, of counsel, for the People, in opposition to granting of motions.

IRWIN DAVIDSON, Judge.

The defendant is charged in the Court of Special Sessions with the misdemeanors of unlawfully possessing barbiturates and unlawfully possessing a narcotic drug. She moves for multiple alternative relief in the Court of General Sessions. The defendant seeks (1) an inspection of the grand jury minutes, the predicate of the information pending in the Court of Special Sessions; (2) an order suppressing the evidence presented before the grand jury; or in the alternative (3) a direction that a preliminary hearing be held to show 'that the source of the evidence presented to the Grand Jury was illegally obtained'; or in the alternative (4) that an inquiry be made into the basis of the affidavit of the detective upon which the search warrant was issued; and (5) for a bill of particulars.

In view of the fact that the motion to inspect the grand jury minutes could only be made in the Court of General Sessions, it is appropriate that this court dispose of the entire omnibus [35 Misc.2d 600] motion, rather than merely pass upon the sufficiency of the grand jury minutes and refer to the Court of Special Sessions all the other relief which the defendant seeks.

With respect to the defendant's claim that the testimony produced before the grand jury was insufficient to charge a crime, the motion is in all respects denied. The testimony before the grand jury is such that if uncontradicted or undisputed, a trier of the facts would be warranted in returning a verdict of guilt.

With respect to the defendant's application to suppress the evidence that was presented to the grand jury, this part of the defendant's motion is denied. There is no proof that an illegal or improper search was made. The alleged contraband seized by the police officers was taken pursuant to a valid search warrant.

The defendant urges, in the event that the evidence is not suppressed, that a hearing be held to inquire into and examine the persons and informants

Page 926

who supplied information which formed the basis of the detective's affidavit upon which the search warrant was issued. Section 793 of the Code of...

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4 practice notes
  • People v. Gilligan
    • United States
    • United States State Supreme Court (New York)
    • January 27, 1975
    ...the grounds which prompted the court in issuing the search warrant. No such facts are set forth in the moving papers.' (People v. Rooks, 35 Misc.2d 598, 600, 229 N.Y.S.2d 923, 926; quoted in People v. Hoey, 54 Misc.2d 1083, 1084, 283 N.Y.S.2d 1004, Page 765 Here, the only affidavits in supp......
  • People v. Ricci
    • United States
    • New York County Court
    • March 11, 1969
    ...152, 261 N.Y.S. 803, modified 146 Misc. 735, 262 N.Y.S. 775. Items which are matters of defense are not to be granted. People v. Rooks, 35 Misc.2d 598, 229 N.Y.S.2d In all cases, bills of particulars rest within the sound discretion of the court. People v. Giles, 31 Misc.2d 354, 220 N.Y.S.2......
  • Wilson-Jacobi, Inc. v. Genuth, WILSON-JACOB
    • United States
    • United States State Supreme Court (New York)
    • July 17, 1962
    ...not have jurisdiction. This assertion that the National Labor Relations Board does not have jurisdiction to restrain the distribution [35 Misc.2d 598] of circulars addressed to the public is substantiated by past determinations of said Administrative Board, and, in fact, in the defendant's ......
  • People v. Hoey
    • United States
    • New York District Court
    • October 23, 1967
    ...create an issue respecting the grounds upon which the search warrant was issued, there is no need to hold a hearing.' People v. Rooks, 35 Misc.2d 598, 229 N.Y.S.2d Page 1006 And--it has been further held that: '(s) 807 of the Code of Criminal Procedure is simply a directive to the Court to ......
4 cases
  • People v. Gilligan
    • United States
    • United States State Supreme Court (New York)
    • January 27, 1975
    ...the grounds which prompted the court in issuing the search warrant. No such facts are set forth in the moving papers.' (People v. Rooks, 35 Misc.2d 598, 600, 229 N.Y.S.2d 923, 926; quoted in People v. Hoey, 54 Misc.2d 1083, 1084, 283 N.Y.S.2d 1004, Page 765 Here, the only affidavits in supp......
  • People v. Ricci
    • United States
    • New York County Court
    • March 11, 1969
    ...152, 261 N.Y.S. 803, modified 146 Misc. 735, 262 N.Y.S. 775. Items which are matters of defense are not to be granted. People v. Rooks, 35 Misc.2d 598, 229 N.Y.S.2d In all cases, bills of particulars rest within the sound discretion of the court. People v. Giles, 31 Misc.2d 354, 220 N.Y.S.2......
  • Wilson-Jacobi, Inc. v. Genuth, WILSON-JACOB
    • United States
    • United States State Supreme Court (New York)
    • July 17, 1962
    ...not have jurisdiction. This assertion that the National Labor Relations Board does not have jurisdiction to restrain the distribution [35 Misc.2d 598] of circulars addressed to the public is substantiated by past determinations of said Administrative Board, and, in fact, in the defendant's ......
  • People v. Hoey
    • United States
    • New York District Court
    • October 23, 1967
    ...create an issue respecting the grounds upon which the search warrant was issued, there is no need to hold a hearing.' People v. Rooks, 35 Misc.2d 598, 229 N.Y.S.2d Page 1006 And--it has been further held that: '(s) 807 of the Code of Criminal Procedure is simply a directive to the Court to ......

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