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PEOPLE v. ADESSA

89 N.Y.2d 677 (1997)

680 N.E.2d 134

657 N.Y.S.2d 863

The People of the State of New York, Respondent, v. Matthew Adessa, Appellant.

Court of Appeals of the State of New York.

Decided March 27, 1997.

Attorney(s) appearing for the Case

Nicolosi & Sciacca, Bayside (Vincent F. Nicolosi and Matthew J. Larkin of counsel), for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Alexander H. Gardner and John M. Castellano of counsel), for respondent.

James M. Catterson, Jr., District Attorney of Suffolk County, Riverhead (Glenn Green of counsel), and Francis D. Phillips, II, District Attorney of Orange County, Goshen, for New York State District Attorneys Association, amicus curiae.

Chief Judge KAYE and Judges LEVINE and WESLEY concur with Judge TITONE; Judge BELLACOSA dissents and votes to reverse in a separate opinion in which Judges SMITH and CIPARICK concur.

TITONE, J.

The issue in this appeal is whether it is inherently prejudicial to obtain an indictment against a civilian defendant from a Grand Jury that has also been asked to consider a police misconduct charge arising out of the same incident. On this appeal, defendant contends that such a presentment procedure so impairs the integrity of the Grand Jury proceeding as to taint the indictment. Finding no concrete...

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