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PEOPLE v. CARACCIOLA

78 N.Y.2d 1021 (1991)

The People of the State of New York, Appellant, v. Michael Caracciola, Respondent.

Court of Appeals of the State of New York.

Decided October 10, 1991.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Alan Gadlin and Norman Barclay of counsel), for appellant.

Andrew M. Fallek for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed.

We agree with Supreme Court and the Appellate Division that the prosecutor's legal instructions were too confusing to have been understood by the Grand Jury in considering the charges, warranting dismissal of the indictment. While instructions to the Grand Jury need not be as precise as those given to a petit jury, they may not be so misleading or...

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