PEOPLE v. JAMES

6389 4072/13.

160 A.D.3d 592 (2018)

75 N.Y.S.3d 186

2018 NY Slip Op 02899

The People of the State of New York, Respondent, v. Major James, Appellant.

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

Decided April 26, 2018.


The court properly denied defendant's motion to dismiss the indictment, because the errors in the grand jury presentation did not rise to the level of impairing the integrity of the proceeding. In addition to admissible evidence that amply supported the indictment, some of the evidence before the grand jury was inadmissible, at least without limiting instructions that the prosecutor did not provide. However, this was not one of the "rare cases of prosecutorial misconduct...

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