Published on:

Section 580 of the Penal Law

A Queens Grand Larceny Lawyer said that, this is a motion by the defendant for an inspection of the Grand Jury minutes, or in the alternative for an order dismissing the indictment. He contends that the testimony adduced before the Grand Jury did not spell out the crime charged against him and that illegal and improper evidence was produced before the Grand Jury. The indictment contains three counts; however, the defendant is charged only with the third count which alleges that he and his co-defendant conspired to commit the crime of grand larceny.

A Queens Criminal Lawyer said that, the defendant contends that the testimony heard by the Grand Jury caused that body to be ‘left to speculate the value of his’ report and medical bill in the amount of $95.00 and the effect thereof, if any, upon the award of $850.00 for the personal injury aspect of the claim’; that ‘there is no evidence from which the Grand Jury could conclude that the purportedly exaggerated medical bill and report had the effect of increasing the award to the extent that a felony would be accomplished’ and that ‘this was sheer speculation on its part.’

The issue in this case is whether defendant’s motion for an inspection of the Grand Jury minutes, or in the alternative for an order dismissing the indictment should be granted.

The minutes of the hearing before the Grand Jury have been carefully read and digested by the Court. In returning the third count of the indictment against the moving defendant the Grand Jury was not required, as defendant contends, to ‘conclude that the purportedly exaggerated medical bill and report had the effect of increasing the award to the extent that a felony would be accomplished.’ All that the Grand Jury was required to conclude was that this defendant and his co-defendant aided and abetted each other and that they conspired, combined,
confederated and agreed by and with each other to commit the crime of petite larceny in the first degree in accordance with at least one of the overt acts set out in the indictment.

To Be Cont..

There is no legal requirement that the conspiracy result in a completed crime based upon the terms of the conspiracy. If you have been charged of the crime of conspiracy in committing grand larceny, seek the assistance of a Queens Grand Larceny Attorney and Queens Criminal Attorney at Stephen Bilkis and Associates.

Contact Information