PEOPLE v. WILLIAMS


73 N.Y.2d 84 (1989)

The People of the State of New York, Respondent, v. Donna Williams, Michael P. Barrett, Martin Williams, Also Known as Marty Williams, Shelly J. McClure, Also Known as Shelly Jo McClure, Jeffrey J. Snyder and Robert A. Becher, Appellants.

Court of Appeals of the State of New York.

Decided February 14, 1989.


Attorney(s) appearing for the Case

Dennis Schlenker for Donna Williams; Stephen R. Coffey for Michael P. Barrett; Mark B. Harris for Martin Williams; William M. Burke, for Shelly J. McClure;; Robert L. Adams for Jeffrey J. Snyder; and Jerome K. Frost for Robert A. Becher, appellants.

Donald J. Shanley, Special District Attorney, for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur.


TITONE, J.

A Grand Jury whose term has been extended due to uncompleted business under CPL 190.15 (1) may not consider entirely new matters during its extended term. Grand Jury proceedings conducted in violation of this rule are fatally defective, and any indictment resulting from such violation must be deemed the product of an "illegally constituted" Grand Jury. Accordingly, such an indictment must be dismissed...

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