People v. Rosado
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, New York County (Alfred Kleiman, J.), entered on or about June 16, 1993, which dismissed the indictment with leave to re-present, unanimously reversed, on the law, and the indictment reinstated.
We find that the court erred in imposing the extraordinary remedy of dismissal of the indictment based on alleged prosecutorial error in presentation of the case to the Grand Jury since the cited errors do not satisfy the statutory test for dismissal, i.e., that the errors be of such dimension as to impair the integrity of the Grand Jury process (CPL 210.35 [5]; see also, People…
2Cases cited3 opinions
- People v. DarbyNew York Court of Appeals · 1990
- People v. StepteauNew York Court of Appeals · 1993
- People v. HardisonAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by5 opinions
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 1997
- People v. ShakurAppellate Division of the Supreme Court of the State of New York · 1996
- People v. Gallicchio, New York County Courts2001
- People v. CampbellNew York Supreme Court · 2014
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1995