Opinion
Argued October 5, 1961
Decided October 19, 1961
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, FRANCIS J. CLOHESSY, Acting County J.
Victor A. Rossetti for appellant.
Carman F. Ball, District Attorney ( Irma R. Thorn of counsel), for respondent.
Judgment affirmed under section 542 of the Code of Criminal Procedure. The trial court committed error in denying defendant's request that the court examine the Grand Jury minutes but we find on our own examination of the minutes that such refusal was not prejudicial. We point out that this case was tried before our decision in People v. Rosario ( 9 N.Y.2d 286). No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.