The People of the State of New York, Respondent v. Valere L. Minet, Appellant

Summary

The New York Court of Appeals reversed the lower court's judgment and dismissed the indictment, holding that the simultaneous presence of two witnesses before the grand jury violates §313 of the Criminal Procedure Code and that the indictment must be set aside regardless of any shown prejudice. The Court also found the motion to set aside was timely and that prejudice need not be demonstrated.