People v. Wilkins, 68 N.Y.2d 269 (1986)
When a prosecutor withdraws a case from a grand jury after the presentation of evidence, such withdrawal is considered the equivalent of a dismissal, requiring court approval before resubmitting the case to a second grand jury.
Summary
Wilkins was charged with second-degree murder. The prosecution presented the case to a grand jury but withdrew it before a vote on indictment. A second grand jury indicted Wilkins, and his trial ended in a mistrial. Wilkins learned of the withdrawal/resubmission and moved for a hearing, arguing impropriety. The court found the prosecutor acted in good faith but the Court of Appeals reversed, holding that the unauthorized withdrawal was the equivalent of a dismissal. Resubmission without court approval violated the statutory scheme protecting the grand jury’s integrity. The indictment was dismissed, with leave to the District Attorney to apply for resubmission.
Facts
Wilkins was charged with second-degree murder for fatally shooting a victim. The prosecution initially presented the case to a grand jury. Before the grand jury could vote on whether to issue an indictment, the prosecutor withdrew the case. The case was then presented to a second grand jury, which indicted Wilkins for second-degree murder. A trial on this charge resulted in a mistrial because the jury couldn’t reach a verdict. It was during this trial that the defense learned of the withdrawal and resubmission.
Procedural History
Following the mistrial, Wilkins moved for an evidentiary hearing regarding the circumstances of the resubmission to the second grand jury. The trial court granted the motion and concluded that the prosecutor acted in good faith. Wilkins was then retried and convicted of first-degree manslaughter. The Appellate Division affirmed the conviction. Wilkins appealed to the New York Court of Appeals, arguing that the withdrawal and resubmission of charges at the grand jury level was improper.
Issue(s)
Whether a prosecutor may withdraw a case from a grand jury after presenting evidence and resubmit it to a second grand jury without the consent of the first grand jury or the court that impaneled it.
Holding
No, because such withdrawal is the equivalent of a dismissal by the first grand jury, and the prosecution may only resubmit the charges with the consent of the court.
Court’s Reasoning
The Court of Appeals recognized that at common law, a prosecutor could resubmit charges to successive grand juries without limitation until an indictment was voted. However, the Legislature enacted statutes to insulate the grand jury process from prosecutorial excesses. CPL 190.75(3) dictates that when a charge has been dismissed, it may not be resubmitted to a grand jury unless the court authorizes or directs the resubmission. The court emphasized that the statutory scheme doesn’t contemplate terminating deliberations without grand jury action. The court noted that once a grand jury hears evidence, the key factor is the extent to which it considered the evidence. In this case, the first presentation was essentially complete. The court reasoned that allowing the prosecutor to unilaterally withdraw the case so late in the process would undermine CPL 190.75(3). “An explicit recognition of such power by this court would furnish the prosecutor the means of defeating CPL 190.75 (3) in almost every case by withdrawing all but ‘open and shut’ cases and resubmitting them after further preparation or a more compliant Grand Jury is impaneled.” The court also noted that the prosecutor could have sought an extension of the grand jury’s term. The resubmission without court leave violated Article 190, impairing the integrity of the process. The court rejected the harmless error argument based on the subsequent conviction, emphasizing that New York law allows for dismissal based on the mere possibility of prejudice.