Summary
In People v. Anderson (25 A.D.2d 602) the Appellate Division, Fourth Department (Per Curiam), held that the trial court erred by refusing to permit a defendant to inspect the grand jury testimony which two prosecution witnesses had given before another grand jury, investigating another person named Corcoran.
Summary of this case from People v. BartholomewOpinion
February 17, 1966
Appeal from the Erie County Court.
Present — Williams, P.J., Bastow, Goldman, Del Vecchio and Marsh, JJ.
Judgment unanimously reversed on the law and facts and new trial granted. Memorandum: After the indictment had been returned against appellant proof was submitted to another Grand Jury against one Corcoran, who, it is claimed, was a participant in the assault upon Kavanaugh, the complainant herein. Upon the trial of appellant his counsel was denied the transcript of the Grand Jury testimony of Kavanaugh and another witness in the proceeding against Corcoran. Following argument of this appeal we examined the Grand Jury testimony in question and permitted appellant's counsel to do so and comment thereon. We conclude that the denial of the transcript was substantial error ( People v. Malinsky, 15 N.Y.2d 86; People v. Rosario, 9 N.Y.2d 286; People v. Askew, 15 A.D.2d 727).