People v. Gilliam
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: The failure of the prosecution to inform the Grand Jury that a knife was found near the body of the victim does not require a dismissal of the indictment. The proper remedy for improper conduct before the Grand Jury is a motion to dismiss the indictment under CPL 210.35 (5) on the ground that that the "proceeding * * * fails to conform to the requirements of article one hundred ninety to such degree that the integrity thereof is impaired and prejudice to the defendant may result.” Not having made such a motion and not having objected on the ground…
2Cases cited7 opinions
- People v. LancasterNew York Court of Appeals · 1986
- People v. HarrisNew York Court of Appeals · 1990
- People v. IslaAppellate Division of the Supreme Court of the State of New York · 1983
- People v. RockwellAppellate Division of the Supreme Court of the State of New York · 1983
- People v. SterlingAppellate Division of the Supreme Court of the State of New York · 1988
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- People v. PerryAppellate Division of the Supreme Court of the State of New York · 1992
- People v. WorkmanAppellate Division of the Supreme Court of the State of New York · 2000
- People v. CullenAppellate Division of the Supreme Court of the State of New York · 1991
- People v. BoyerAppellate Division of the Supreme Court of the State of New York · 1995
- People v. BlackAppellate Division of the Supreme Court of the State of New York · 1995
4 more not listed; retrieve them via the Exa API.