Can a prosecutor improperly usurp the functions of the Grand Jury in a criminal case?

"New York", United States of America

The following excerpt is from People v. Allies Boulevard Book Store, Inc., 130 Misc.2d 556, 497 N.Y.S.2d 264 (N.Y. Cty. Ct. 1985):

Here, the presenting prosecutor improperly usurped those functions of the Grand Jury. His actions--and later argument defending them--demonstrate a disturbing lack of awareness of and proper regard to the respective roles involved in Grand Jury presentations. The fact finding/determination function of the Grand Jury must be free from unwarranted interference by either presenting prosecutor or impanelling court [People v. Rider, App.Div., 494 N.Y.S.2d 925 (1985); People v. Monroe, et al, 125 Misc.2d 550, 480 N.Y.S.2d 259 (1984) ].

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