Cantwell v. Ryan

Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to CPLR 506 [b] [1]) to prohibit the enforcement of two orders issued by respondent directing petitioner to submit evidence and additional charges to a grand jury.

On June 9, 2002, Lawrence Crouthers shot and killed an individual he believed was about to burglarize his home. Following a police investigation, petitioner, the Clinton County District Attorney, presented evidence to a grand jury and instructed that body to consider whether there was reasonable cause to believe that Crouthers committed either intentional or…