Legal Opinion
People v. Gordon
Appellate Division of the Supreme Court of the State of New York
Decided December 27, 2012PublishedCited by 4 opinions
1Opinion of the CourtKavanagh, J.
*1474For the reasons that follow, we agree with defendant that the presentation before the grand jury was so fundamentally flawed that reversal of defendant’s conviction is required and that the indictment be dismissed with leave to re-present to another grand jury. Obviously, we recognize that defects in a grand jury presentation are rarely grounds for reversal, especially where there has been a trial on the merits that resulted in defendant’s conviction. However, such action is warranted “where prosecutorial wrongdoing, fraudulent conduct or errors potentially prejudice the ultimate decision…
2Cases cited13 opinions
- People v. RomeroNew York Court of Appeals · 2006
- People v. HustonNew York Court of Appeals · 1996
- People v. AdamsNew York Court of Appeals · 2012
- People v. BurnellAppellate Division of the Supreme Court of the State of New York · 2011
- People v. PerezAppellate Division of the Supreme Court of the State of New York · 2012
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. RamosAppellate Division of the Supreme Court of the State of New York · 2015
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2017
- People v. PalmaAppellate Division of the Supreme Court of the State of New York · 2022
- People v. WebbAppellate Division of the Supreme Court of the State of New York · 2025