What is the scope of dismissal of an indictment due to a defective grand jury proceeding?
"New York", United States of America
The following excerpt is from People v. Connolly, 2008 NY Slip Op 50108(U) (N.Y. County Ct. 1/10/2008), 2008 NY Slip Op 50108 (N.Y. Cty. Ct. 2008):
The dismissal of an indictment due to a defective grand jury proceeding should be limited to the instances where prosecutorial wrongdoing, fraudulent conduct or errors potentially prejudice the ultimate decision reached by the Grand Jury. People v. Huston, 88 NY2d 400, 409.
"The likelihood of prejudice turns on the particular facts of each case, including the weight
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