People v. Campbell

OPINION OF THE COURT

Ralph A. Fabrizio, J.

In this decision pursuant to defendant’s application to dismiss the indictment, the court is faced with what appears to be an issue of first impression in any published decision: whether it was proper for the People, upon learning they had not voted either to indict or dismiss, to ask the grand jury to recommence their deliberations by reading an instruction modeled on one approved to be given to a deadlocked petit jury. Assuming, but not deciding, that it is legally permissible to give an accurate and balanced charge to a grand jury in this type of…