Case Detail
CitationPeople v. Goldstein, 900 N.Y.S.2d 440 (N.Y. App. Div. 2010)
CrimeNon-violent, other
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2009
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the integrity of grand jury was impaired, entitling the defendant to a dismissal of the indictment. "[A]lthough the prosecutor does not have the same obligation to disclose exculpatory evidence as required at trial [citations omitted], the prosecutor may not by his or her conduct potentially prejudice the ultimate decision reached by the grand jury [citations omitted]. 'The likelihood of prejudice turns on the particular facts of each case, including the weight and nature of the admissible proof adduced to support the indictment and the degree of inappropriate prosecutorial influence or bias' [citation omitted]. . . . Here, the grand jury was made aware of the civil action, but not informed that the defendant obtained specific performance of the contract after a court made a credibility determination in favor of the defendant and against the complainant, who failed to prove by a preponderance of the evidence her claims that the contract of sale was a forgery or was procured by fraud or misrepresentation. The prosecutor introduced incompetent evidence in the form of a copy of the contract of sale, depriving the grand jury of the opportunity to evaluate the complainant's testimony that the signature page had been folded when given to her. Moreover, in light of the complainant's testimony that she owned the subject property, the prosecutor's instructions and responses to questions of the grand jurors likely misled that body into believing that the complainant had prevailed in the civil action. . ."
Determination Year2010
Misconduct TypePT: Charging
PT: Evidence
C/S EffectDismissal
Pros. Misc. ReportedUKN
Sanction TypeUKN
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