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Legal Opinion

People v. Caracciola

New York Court of Appeals

Decided October 10, 1991PublishedCited by 38 opinions

1Opinion of the Court

*1022OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

We agree with Supreme Court and the Appellate Division that the prosecutor’s legal instructions were too confusing to have been understood by the Grand Jury in considering the charges, warranting dismissal of the indictment. While instructions to the Grand Jury need not be as precise as those given to a petit jury, they may not be so misleading or incomplete as to substantially undermine the integrity of the proceedings (see, People v Batashure, 75 NY2d 306, 311-312; People v Calbud, Inc., 49 NY2d 389, 396;…

2Cases cited3 opinions

  1. People v. Calbud, Inc.New York Court of Appeals · 1980
  2. People v. VallesNew York Court of Appeals · 1984
  3. People v. BatashureNew York Court of Appeals · 1990

3Cited by38 opinions

  1. People v. HustonNew York Court of Appeals · 1996
  2. People v. AdessaNew York Court of Appeals · 1997
  3. People v. SamuelsAppellate Division of the Supreme Court of the State of New York · 2004
  4. People v. WootenAppellate Division of the Supreme Court of the State of New York · 2001
  5. People v. NashAppellate Division of the Supreme Court of the State of New York · 2009

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