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PEOPLE v. AARONS

305 A.D.2d 45 (2003)

759 N.Y.S.2d 20

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. LENWORTH AARONS, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

April 24, 2003.

Attorney(s) appearing for the Case

Stanley R. Kaplan of counsel (Joseph N. Ferdenzi on the brief; Robert T. Johnson, District Attorney, Bronx County, attorney), for appellant.

Julian A. Hertz for respondent.

TOM and WILLIAMS, JJ., concur with BUCKLEY, P.J.; ROSENBERGER and ELLERIN, JJ., dissent in a separate opinion by ELLERIN, J.

OPINION OF THE COURT

BUCKLEY, P.J.

On a Friday afternoon, the grand jury lacked the votes necessary to take action. The foreperson so advised the prosecutor. Hearing this, the prosecutor requested the grand jury to cease deliberations and return the following week for additional testimony. This stoppage was a hiatus in procedure, not a termination of deliberations. This interim stoppage does not amount to a grand jury dismissal of the charges. The dismissal...

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