Legal Opinion
People v. Extale
New York Court of Appeals
Decided March 27, 2012No. 35PublishedCited by 25 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
We hold that a prosecutor does not have the unilateral power to dismiss a count of a grand jury indictment over a defendant’s objection. Whether such a count should be dismissed at the prosecutor’s request is an issue to be decided by the court in its discretion.
I
In 2004, defendant drove his pickup truck into a police officer, injuring her seriously. A grand jury indicted him for several crimes, including first degree assault (intentionally causing serious physical injury by means of a dangerous instrument [Penal Law § 120.10 (!)]) and first degree vehicular…
2Cases cited7 opinions
- People v. BoettcherNew York Court of Appeals · 1987
- People v. DouglassNew York Court of Appeals · 1983
- People v. BurwellNew York Court of Appeals · 1981
- People v. UrbaezNew York Court of Appeals · 2008
- People v. LeonNew York Court of Appeals · 2006
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- People v. BarberAppellate Division of the Supreme Court of the State of New York · 2015
- People v. CuttingAppellate Division of the Supreme Court of the State of New York · 2017
- Donnaruma v. CarterNew York Supreme Court · 2013
- People v. UrbinaAppellate Division of the Supreme Court of the State of New York · 2012
- People v. WhyteAppellate Division of the Supreme Court of the State of New York · 2016
20 more not listed; retrieve them via the Exa API.