People v. Infante
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
The question for our consideration is whether, under the Criminal Procedure Law, the composition of the entire 16 *87member quorum of a Grand Jury must remain constant during the taking of essential and critical evidence, and be available to deliberate, vote, and return an indictment. We conclude that the Grand Jury is privileged to return an indictment so long as at least 12 of the grand jurors who voted to indict heard all the essential and critical evidence.
The following facts are relevant to this appeal. A Grand Jury returned an indictment against the defendant charging…
3Cases cited7 opinions
- People v. SapersteinNew York Court of Appeals · 1957
- Commonwealth v. CluneMassachusetts Supreme Judicial Court · 1894
- Dawson v. . the PeopleNew York Court of Appeals · 1862
- People v. BrinkmanNew York Court of Appeals · 1956
- People v. Herrmans, New York County Courts1910
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4Cited by10 opinions
- People v. CadeAppellate Division of the Supreme Court of the State of New York · 1988
- People v. ColeNew York Supreme Court · 2003
- People v. CollierNew York Court of Appeals · 1988
- People v. CollierAppellate Division of the Supreme Court of the State of New York · 1987
- People v. JenkinsNew York Supreme Court · 2000
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