Legal Opinion

People v. Hosein

Appellate Division of the Supreme Court of the State of New York

Decided November 20, 1995PublishedCited by 7 opinions

1Opinion of the Court

—Appeal by the People from an order of the Supreme Court, Kings County (Gerges, J.), dated March 14, 1995, which dismissed the indictment on the ground that the prosecutor failed to instruct the Grand Jury on the defense of justification.

Ordered that the order is reversed, on the law, and the indictment is reinstated.

A prosecutor need not instruct a Grand Jury as to every conceivable defense suggested by the evidence, but rather must charge the Grand Jury only as to any "complete” defense that is supported by the evidence and that could potentially obviate a needless or unfounded prosecution…

2Cases cited11 opinions

  1. People v. VallesNew York Court of Appeals · 1984
  2. People v. LancasterNew York Court of Appeals · 1986
  3. People v. ReynosoNew York Court of Appeals · 1988
  4. People v. AlstonAppellate Division of the Supreme Court of the State of New York · 1984
  5. People v. HallAppellate Division of the Supreme Court of the State of New York · 1995

6 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. People v. WaltonAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. WilsonAppellate Division of the Supreme Court of the State of New York · 1996
  3. People v. CrawfordAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. MarquezAppellate Division of the Supreme Court of the State of New York · 2004
  5. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2018

2 more not listed; retrieve them via the Exa API.

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