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People v. Dillard

Appellate Division of the Supreme Court of New York, First Department
Apr 17, 1990
160 A.D.2d 472 (N.Y. App. Div. 1990)

Summary

In Dillard, the defendant claimed, but the People denied, that before the Grand Jury vote he had given oral notice of his intention to testify.

Summary of this case from People v. Punter

Opinion

April 17, 1990

Appeal from the Supreme Court, New York County, Frank J. Blangiardo, J., Rena Uviller, J.


A defendant has the right to testify before the Grand Jury if he gives written notice of his intention before an indictment has been filed against him (see, CPL 190.50 [a]; People v Skrine, 125 A.D.2d 507, 508). It is disputed whether defendant gave oral notice at his arraignment of his intention to testify before the Grand Jury. Before the next court date, when defendant made an undisputed oral request to testify, a Grand Jury voted a true bill charging defendant, but it had not yet been filed. After defendant testified before the same Grand Jury that had initially voted to indict him, the Grand Jury revoted and returned a true bill which subsequently resulted in the filing of an indictment.

After a Grand Jury has voted a true bill which has not been filed as an indictment, the People may return to the same Grand Jury to introduce additional evidence and allow them to vote a second time (People v. Cade, 74 N.Y.2d 410, 415). "The prosecutor might, for example, supplement the evidence to bring additional or higher charges, to introduce exculpatory material * * * or to allow a defendant the opportunity to testify" (People v. Cade, supra, at 417; see also, People v. Young, 138 A.D.2d 764). Accordingly, the Grand Jury proceedings herein were not defective.

Concur — Kupferman, J.P., Ross, Asch, Kassal and Wallach, JJ.


Summaries of

People v. Dillard

Appellate Division of the Supreme Court of New York, First Department
Apr 17, 1990
160 A.D.2d 472 (N.Y. App. Div. 1990)

In Dillard, the defendant claimed, but the People denied, that before the Grand Jury vote he had given oral notice of his intention to testify.

Summary of this case from People v. Punter

In People v Dillard (160 A.D.2d 472 [1st Dept 1990], lv denied 76 N.Y.2d 847), the First Department has apparently overruled, sub silentio, its own decision in Bey-Allah.

Summary of this case from People v. Punter
Case details for

People v. Dillard

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLEVELAND DILLARD…

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

Date published: Apr 17, 1990

Citations

160 A.D.2d 472 (N.Y. App. Div. 1990)
554 N.Y.S.2d 144

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