People v. Ackroyd

OPINION OF THE COURT

Joseph Harris, J.

The instant case presents the following paradox: how, upon the same conduct, can a Grand Jury legally absolve one for a higher offense requiring a lower culpable mental state, yet indict for a lesser offense requiring a higher culpable mental state? Reduced to the real terms of the instant case, can a Grand Jury no-bill a submission for the class E felony of criminally negligent homicide, which requires a culpable mental state of "criminal negligence”, and indict, upon the same conduct for the misdemeanor of reckless driving, which requires the higher…