New York Court of Appeals
In the Matter of Arnold W. Proskin, as District Attorney of Albany County v. County Court of Albany County, and…
February 10, 197230 N.Y.2d 15
Summary
The New York Court of Appeals affirmed the Appellate Division, holding that the Albany County Court exceeded its statutory authority by granting a broad, pre‑trial inspection of Grand Jury minutes unrelated to a motion to dismiss the indictment, and that a writ of prohibition was the proper remedy. The majority opinion emphasized that inspection is limited to an ancillary remedy to a motion to dismiss based on alleged insufficiency of Grand Jury evidence. Justice Scileppi and Justice Gibson dissented, arguing the prohibition was overbroad, while Justice Stevens concurred with the majority.