Case Detail
CitationPeople v. Harris, 181 Misc. 2d 670, 695 N.Y.S.2d 215 (N.Y. Sup. Ct. 1999)
CrimeAttempted murder
Pros. First NameNina
Pros. Last NameCarlow
Trial Year1999
BodyTrial court
OpinionThe New York Supreme Court, Bronx County, held that improper prosecutorial involvement in the Grand Jury deliberative process as well as irregularities which impaired the integrity of the proceedings required a dismissal of the indictment. "[A] Grand Jury proceeding is defective, and the resulting indictment subject to dismissal, when '[the proceeding otherwise fails to conform to the requirements of article]190' to such degree that the integrity thereof is impaired and prejudice to the defendant may result'. . . . Considering the original dismissal of the felony charges, the intervening prosecutorial overreaching, and the multitude of irregularities . . . the integrity of this entire Grand Jury proceeding was impaired risking prejudice to both defendants, warranting dismissal of the indictment. Undoubtedly, actual prejudice resulted to defendant Harris, initially indicted only for a misdemeanor assault, and after prosecutorial intervention during unrecorded communications, indicted for four counts of attempted murder in the second degree and other felony charges. By indicting defendant Harris, the less culpable of the two defendants, under the circumstances discussed herein, the prosecutor created the risk of prejudice to defendant Nieves. . . . Although the court finds no intentional prosecutorial misconduct, 'the papers ... reveal the presence of procedural irregularities going to the very heart and integrity of the Grand Jury system."
Determination Year1999
Misconduct TypePre-Trial -- Other
C/S EffectDismissal
Pros. Misc. ReportedUKN
Sanction TypeUKN
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