7.15 - 3. Insufficient Grand Jury Evidence; “Motion To Inspect”

• Jurisdiction: New York

3. Insufficient Grand Jury Evidence;
“Motion to Inspect”

A motion under CPL § 210.30 is one to have the court review the grand jury minutes to determine if the evidence before the grand jury was sufficient. (Insufficiency of the evidence before the grand jury is not reviewable on appeal from a judgment of conviction based upon legally sufficient evidence.)¹²⁶³ Although § 210.30(2) requires an affidavit alleging probable cause to believe the evidence was not sufficient, § 210.30(4) permits the court to review the minutes and decide the motion notwithstanding the absence of such allegations.

--------

Notes:

^[1263]...