When will this court grant an inspection of the minutes of the New York State Grand Jury for the purpose of determining the propriety of a conviction for possession of a handgun?

of the Code of Criminal Procedure, this court, nonetheless, has inherent power to entertain an application for an inspection of the Grand Jury minutes for the purpose of ascertaining, in relation to the propriety of the conviction herein, whether the Grand Jury's determination was founded with due regard for the constitutional rights of the defendant. (People v. Van Allen, 275 App. Div. 181; see, also, People v. Nitzberg, 289 N.Y. 523.) Unfortunately, the Grand Jury minutes are unavailable, at this late date, even for the court's own inspection, by reason of the death of the stenographer who recorded the proceedings on that occasion.

In the absence of these minutes, the rule promulgated in People v. Glen (173 N.Y. 395) must prevail, i.e., that the indictment is presumed to be based upon legal and sufficient evidence until there is proof to the contrary. Apart from his own statement, and its veracity is dubious in view of his past criminal proclivities, the defendant has failed to submit one iota of contrary proof as would justify this court in sustaining his third contention that possession of the revolver, as alleged in the indictment, was not proscribed by law.