Appellate Division of the Supreme Court of the State of New York February 20, 1964 (People v. Perna)

Bastow, J.

In March, 1962 a Grand Jury sitting in Erie County returned an indictment charging defendant in each of eight counts with the crime of perjury, first degree. After an order had been made on defendant’s motion granting him an inspection of the Grand Jury minutes a further motion was made to dismiss the indictment. The motion was granted and the People appeal.