People v. Adessa

OPINION OF THE COURT

Rosenblatt, J. P.

The case before us raises important considerations as to the role and the discretion of the District Attorney in presenting cases to the Grand Jury. The People are appealing from the court’s order dismissing the indictment against the defendant (see, CPL 450.20 [1]).

The Supreme Court dismissed the indictment based on its view that the prosecution prejudiced the defendant’s rights by presenting to the same Grand Jury the complaint against the defendant as well as the complaint by the defendant against the arresting officer. The defendant was indicted for…