PEOPLE v. MONTANEZ


90 N.Y.2d 690 (1997)

687 N.E.2d 1345

665 N.Y.S.2d 62

The People of the State of New York, Respondent, v. Gulberto Montanez, Appellant.

Court of Appeals of the State of New York.

Decided November 20, 1997.


Attorney(s) appearing for the Case

Levene, Gouldin & Thompson, L. L. P., Binghamton (Scott R. Kurkoski of counsel), for appellant.

Gerald F. Mollen, District Attorney of Broome County, Binghamton (Joseph F. Romani of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


WESLEY, J.

The issue before us is whether a Grand Jury may, without court permission pursuant to CPL 190.75 (3), reconsider its vote of a no true bill under circumstances which incontrovertibly indicate prosecutorial involvement in the Grand Jury's deliberative process. We conclude that it may not.

On September 8, 1995, defendant and two other men went to the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases