Legal Opinion

People v. Evans

New York Supreme Court

Decided July 7, 2017Published

1Opinion of the Court

OPINION OF THE COURT

Steven L. Barrett, J.

The primary issue the court once again is called upon to consider, in the context of a defendant’s motion to inspect the grand jury minutes and to dismiss the indictment, is whether a police officer’s malfeasance rises to the level of official misconduct.1 For the following reasons, the court finds that the evidence presented to the grand jury established that defendant’s conduct clearly crossed the line that separates a noncriminal serious error in judgment, which could be properly addressed in a disciplinary forum, from those actions that warrant…

2Cases cited6 opinions

  1. Garrity v. New JerseySupreme Court of the United States · 1967
  2. People v. IannoneNew York Court of Appeals · 1978
  3. People v. FeerickNew York Court of Appeals · 1999
  4. People v. WattNew York Court of Appeals · 1993
  5. People v. AckermannNew York Supreme Court · 2014

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