People v. Haste

OPINION OF THE COURT

Steven L. Barrett, J.

On May 15, 2013, this court orally granted defendant’s motion to dismiss the indictment and granted the People leave to re-present the case to another grand jury based upon the prosecution’s faulty instruction to the grand jury with respect to the defense of justification. This decision both formalizes and amplifies the court’s oral decision.

Prior to ruling on May 15th, this court reviewed all of the evidence presented to the grand jury, including the testimony of 28 witnesses and the exhibits that were received in evidence. It is clear from the…