Legal Opinion
People v. Gelman
New York Court of Appeals
Decided May 11, 1999PublishedCited by 28 opinions
1Opinion of the Court
OPINION OF THE COURT
Wesley, J.
The primary issue on this appeal is whether a prosecutor’s withdrawal of a case from a Grand Jury should be deemed a dismissal requiring judicial intervention before the case may be submitted to another Grand Jury (see, CPL 190.75). In People v Wilkins (68 NY2d 269), this Court held that withdrawal of charges after the People’s presentation was complete was the equivalent of a Grand Jury dismissal. In contrast to Wilkins, here little evidence of criminal conduct had been presented, and there was no evidence linking defendant to the commission of the crime. Under…
2Cases cited4 opinions
- People v. SelikoffNew York Court of Appeals · 1974
- People v. WilkinsNew York Court of Appeals · 1986
- People v. CadeNew York Court of Appeals · 1989
- People v. MorrisNew York Court of Appeals · 1999
3Cited by28 opinions
- Gregory Gelman v. John Ashcroft, United States Attorney GeneralCourt of Appeals for the Second Circuit · 2004
- People v. CredleNew York Court of Appeals · 2011
- People v. AaronsAppellate Division of the Supreme Court of the State of New York · 2003
- People v. DavisNew York Court of Appeals · 2011
- State v. FollinCourt of Appeals of South Carolina · 2002
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