People v. Martinez

OPINION OF THE COURT

Steven W. Fisher, J.

The principal issue presented on this motion involves the options available to a prosecutor who believes that a Grand Jury has returned findings that are legally or factually inconsistent.

In the early morning hours of August 7, 1994, Robert McCargo was set upon and killed by a group of men outside the catering hall where he worked as a bouncer at 61st Street and Roosevelt Avenue in Queens. The Grand Jury investigating the matter heard from one eyewitness to the attack, and from two additional witnesses who reported statements allegedly made by the…