People v. Montanez
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Wesley, J.
The issue before us is whether a Grand. Jury may, without court permission pursuant to CPL 190.75 (3), reconsider its vote of a no true bill under circumstances which incontrovertibly indicate prosecutorial involvement in the Grand Jury’s deliberative process. We conclude that it may not.
On September 8, 1995, defendant and two other men went to the apartment of Lee Cornell in the Village of Endicott and allegedly beat him up and took money from him. Defendant was arrested and charged with second degree robbery. The case was initially presented to a Grand Jury on…
2Cases cited6 opinions
- People v. WilkinsNew York Court of Appeals · 1986
- People v. CadeNew York Court of Appeals · 1989
- People v. GrohAppellate Division of the Supreme Court of the State of New York · 1977
- People v. WesleyNew York Supreme Court · 1994
- People v. NealAppellate Division of the Supreme Court of the State of New York · 1996
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- People v. DavisNew York Court of Appeals · 2011
- People v. MorrisAppellate Division of the Supreme Court of the State of New York · 1998
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