What is a District Attorney's obligation to instruct the Grand Jury concerning defenses?
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):
"... The extent of the District Attorney's obligation to instruct the Grand Jury concerning defenses must be defined with reference to the role of that body. 'The primary function of the Grand Jury in our system is to investigate crimes and determine whether sufficient evidence exists to accuse a citizen of a crime and subject him or her to criminal prosecution' (People v. Calbud, Inc., 49 NY2d 389, 394 [426 N.Y.S.2d 238, 402 N.E.2d 1140], supra). Viewed from this perspective, the question of whether a particular defense need be charged depends upon its potential for eliminating a needless or unfounded prosecution.
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