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PEOPLE v. EXTALE

No. 35.

18 N.Y.3d 690 (2012)

967 N.E.2d 179

2012 NY Slip Op 2247

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES EXTALE, Appellant.

Court of Appeals of New York.

Decided March 27, 2012.

Attorney(s) appearing for the Case

Muldoon & Getz, Rochester ( Jon P. Getz of counsel), for appellant.

Michael C. Green, District Attorney, Rochester ( Geoffrey Kaeuper of counsel), for respondent.

Janet DiFiore , District Attorney, White Plains ( Patrick J. Hynes and David P. Stromes of counsel), for District Attorneys Association of the State of New York, amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

We hold that a prosecutor does not have the unilateral power to dismiss a count of a grand jury indictment over a defendant's objection. Whether such a count should be dismissed at the prosecutor's request is an issue to be decided by the court in its discretion.

I

In 2004, defendant drove his pickup truck into a police officer, injuring her seriously...

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