Floyd Brown was indicted on two counts for criminal negligence in the operation of a motor vehicle resulting in death, in violation of section 1053-a of the Penal Law of the State of New York, and on a third count charging respondent with assault in the third degree, in violation of subdivision 2 of section 244 of the Penal Law. The granting of an inspection of the Grand Jury minutes rests in the sound discretion of the court when facts are presented to him upon which he may exercise his discretion. The facts for this application justify the court in granting the motion for an inspection. In the presentation of evidence to the Grand Jury illegal evidence was given by three witnesses in violation of section 256 of the Code of Criminal Procedure which states "The grand jury can receive none but legal evidence." This illegal evidence could not have enlightened the Grand Jury as to the happening of the accident or the cause thereof. It could only have enlisted sympathy. The order of the court dismissing the indictment and ordering it resubmitted to the Grand Jury not only protected the defendant's rights, but did not prejudice the People's case. Resubmission is a safe course to pursue when illegal evidence has been introduced and considered. Order affirmed. All concur.