Case Detail
CitationPeople v. Elioff, 972 N.Y.S.2d 796 (N.Y. App. Div. 2013)
CrimeSex crimes
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial YearUKN
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's improper conduct at a grand jury proceedings did not warrant dismissal of the indictment. "Here, the prosecutor was required to establish that the four-year-old victim could provide unsworn testimony, but failed to do so [citations omitted]. The prosecutor also violated the unsworn witness rule during an attempt to persuade the child to testify about the incident [citations omitted]. Nevertheless, we conclude that the prosecutor did not thereby engage in conduct that was fraudulent in nature, nor was the prosecutor's conduct so egregious as to impair the integrity of the grand jury proceedings [citations omitted]."
Determination Year2013
Misconduct TypeT
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkN/A