Case Detail
CitationPeople v. Harris, 838 N.Y.S.2d 345 (N.Y. Co. Ct. 2007)
CrimeMurder
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2006
BodyTrial court
OpinionThe New York County Court, Tioga County, held that dismissal of the indictment was warranted, under the rule providing for dismissal of a proceeding when its integrity was impaired and prejudice to the defendant could result. "Although the conduct of the prosecutor in this Grand Jury proceeding is not nearly as egregious as that of the District Attorney in Huston, nor as grounded in bad faith as that of the Huston, prosecutor, it is equally clear that the admission into evidence of much, if not most of the inadmissible evidence here was done so intentionally. 'Under established law, not every elicitation of hearsay testimony renders an indictment defective and typically the submission of some inadmissible evidence will be deemed fatal only when the remaining evidence is insufficient to sustain the indictment' [citations omitted]. Of course, in rare cases where the improprieties rise to the level of impairing the proceedings and creating a likelihood or real potential for prejudice, dismissal is required notwithstanding the sufficiency of the evidence. . .Such is the case here. Twenty-seven witnesses testified before this Grand Jury."
Determination Year2007
Misconduct TypeT
C/S EffectDismissal
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkN/A