Case Detail
CitationPeople v. Corliss, 853 N.Y.S.2d 45 (N.Y. App. Div. 2008)
CrimeNon-violent, other
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2010
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's incorrect instruction to the grand jury on the mens rea element impaired the integrity of the grand jury's consideration of the charge, but it had no impact on the lesser included offense of second-degree reckless endangerment. "The Assistant District Attorney who presented the matter incorrectly instructed the grand jurors" using an old legal standard which had been overruled. "As such, the grand jurors were erroneously led to believe that they could find legally sufficient evidence to indict for first degree reckless endangerment without any showing that defendant possessed the culpable mens rea required . . ."
Determination Year2008
Misconduct TypePT: Charging
C/S EffectPartial dismissal
Pros. Misc. ReportedUKN
Sanction TypeUKN
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