Legal Opinion · Dissent

People v. Jensen

Appellate Division of the Supreme Court of the State of New York

Decided April 28, 1994Published

1DissentCasey, J.

The CPL provides that a Grand Jury may indict a person when the evidence before it both establishes all the elements of the crime and also establishes reasonable cause to believe that the accused committed the crime to be charged (CPL 190.65 [1]). The first prong requires that the People present a prima facie case; the second dictates the degree of certitude Grand Jurors must possess to indict (People v Jennings, 69 NY2d 103, 115).

County Court did not impose a higher standard of certitude than that imposed by the second prong of the requirement contained in CPL 190.65 (1). Nor did County…

2Cases cited6 opinions

  1. People v. JenningsNew York Court of Appeals · 1986
  2. People v. MartinezNew York Court of Appeals · 1992
  3. People v. PeacockNew York Court of Appeals · 1986
  4. People v. VolitonNew York Court of Appeals · 1994
  5. People v. ColonNew York Court of Appeals · 1971

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