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People v. Kennedy

Appellate Division of the Supreme Court of New York, Second Department
May 30, 2000
272 A.D.2d 627 (N.Y. App. Div. 2000)

Summary

In Kennedy, the defendants, two corrections officers, were charged with assaulting an inmate at a correctional facility.

Summary of this case from People v. Williams

Opinion

May 30, 2000

Appeal by the People from an order of the County Court, Nassau County (Kowtna, J.), entered October 12, 1999, which granted those branches of the defendants' respective motions which were to dismiss the indictment pursuant to CPL 210.35(5).

Before: O'Brien, J.P., Santucci, Thompson and Feuerstein, JJ.


Ordered that the order is reversed, on the law, those branches of the defendants' motions which were to dismiss the indictment pursuant to CPL 210.35(5) are denied, the indictment is reinstated, and the matter is remitted to the County Court, Nassau County, for further proceedings.

The defendants, correction officers with the Nassau County Sheriff's Department, were charged with assault in the third degree in connection with an incident involving an inmate at the Nassau County Correctional Facility. They moved to dismiss the indictment on the ground that the integrity of the Grand Jury proceedings was impaired, as it was presented with evidence of an alleged assault against the same inmate by other correction officers on the same day.

The County Court erred in granting the defendants' motions. A dismissal pursuant to CPL 210.35(5) is an "exceptional remedy" ( People v. Darby, 75 N.Y.2d 449, 455), and the defendants failed to demonstrate that the manner in which the presentment was made "potentially [prejudiced] the ultimate decision reached by the Grand Jury" ( People v. Huston, 88 N.Y.2d 400, 409; see also, People v. Adessa, 89 N.Y.2d 677). The evidence as to each incident was not so intertwined as to confuse the jurors. In addition, the evidence against the defendants was neither insufficient nor disproportionate to that presented against the officers involved in the other incident, and the jurors were instructed to consider the evidence separately against the officers involved ( see, People v. Litzenberger, 234 A.D.2d 947).


Summaries of

People v. Kennedy

Appellate Division of the Supreme Court of New York, Second Department
May 30, 2000
272 A.D.2d 627 (N.Y. App. Div. 2000)

In Kennedy, the defendants, two corrections officers, were charged with assaulting an inmate at a correctional facility.

Summary of this case from People v. Williams

In People v Kennedy (272 AD2d 627 [2000], supra), the Court reversed a trial court dismissal of an indictment for misjoinder of defendants.

Summary of this case from People v. Williams

In People v. Kennedy, 272 A.D.2d 627, supra, the court reversed a trial court dismissal of an indictment for misjoinder of defendants.

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

People v. Kennedy

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT, v. JOHN KENNEDY AND RONALD…

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

Date published: May 30, 2000

Citations

272 A.D.2d 627 (N.Y. App. Div. 2000)
709 N.Y.S.2d 411

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