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Legal Opinion

People v. Esposito

New York Supreme Court

Decided January 10, 1989PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Felice K. Shea, J.

The question presented by this defense motion to dismiss an indictment is: can the prosecutor, after a Grand Jury votes to indict, ask the Grand Jury to withdraw its vote in order to give additional legal instructions?

The prosecution presented evidence to the Grand Jury in this matter from March 3, 1988 through June 22, 1988. On June 22, 1988 the Grand Jury received instructions on the law and voted an indictment that was not filed. On July 7, 1988 *289the prosecutor asked the Grand Jury to reopen the matter and withdraw the indictment to permit the…

2Cases cited5 opinions

  1. Mountain View Coach Lines, Inc. v. StormsAppellate Division of the Supreme Court of the State of New York · 1984
  2. People v. WilkinsNew York Court of Appeals · 1986
  3. Duffy v. Horton Memorial HospitalNew York Court of Appeals · 1985
  4. People v. CadeAppellate Division of the Supreme Court of the State of New York · 1988
  5. People v. LeGrandNew York Supreme Court · 1988

3Cited by4 opinions

  1. People v. EspositoNew York Supreme Court · 1989
  2. People v. ChiricoNew York Supreme Court · 1989
  3. People v. EspositoNew York Supreme Court · 1989
  4. People v. MoralesNew York Supreme Court · 1989

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