People v. Searles

1 Citing case

  1. People v. Rice

    148 Misc. 2d 204 (N.Y. City Ct. 1990)   Cited 2 times

    The defense takes the position that the evidence produced at the hearing was insufficient. Citing People v Searles ( 135 Misc.2d 881 [Rochester City Ct, Monroe County 1987]), defense counsel argues that since CPL 60.50 prohibits the conviction of a defendant for an offense solely upon evidence of a confession or admission without additional proof that the offense charged has been committed, then such uncorroborated confession is also insufficient to hold a defendant for Grand Jury action. This court, of course, is not bound to follow the decision in Searles (supra) and chooses not to do so. That case is premised upon the presumption that the function of a preliminary hearing is to replace Grand Jury consideration, until such time as the Grand Jury actually reviews the evidence.