People v. Williams, 73 N.Y.2d 250 (1989)
An indictment is valid if at least 12 grand jurors who voted to indict heard all the essential and critical evidence, even if fewer than the full 16-juror quorum were present for all of the evidence.
Summary
The New York Court of Appeals addressed whether an indictment was valid when some grand jurors did not hear all the critical evidence presented. The defendant argued that CPL 210.35(2) requires that a minimum of 16 grand jurors must be present and hear all critical evidence to participate in deliberations and vote for an indictment. The Court of Appeals held that as long as at least 12 grand jurors who voted to indict heard all the essential and critical evidence, the indictment is valid, even if fewer than 16 jurors heard all the evidence. The court emphasized the historical separation of quorum and voting requirements.
Facts
Defendant was arrested for allegedly robbing a Kansas Fried Chicken store with accomplices. Evidence was presented to the Grand Jury over four days. The grand jurors were instructed that they could not vote unless they heard all the evidence. After a poll, it was revealed only 12 jurors heard all the evidence. A juror expressed reservations about deliberating with fewer than 16 jurors present who heard all evidence. Ultimately, the jurors decided to deliberate and voted to indict the defendant.
Procedural History
The defendant moved to dismiss the indictment for insufficient evidence and unspecified defects. The trial court dismissed the indictment, concluding that CPL 210.35(2) requires 16 jurors who heard all critical evidence be available for deliberations. The Appellate Division reversed and reinstated the indictment, relying on prior precedent that at least 12 jurors who voted to indict heard all essential and critical evidence. The Court of Appeals affirmed the Appellate Division’s order.
Issue(s)
Whether a Grand Jury proceeding is defective under CPL 210.35(2) when fewer than 16 jurors who heard all the critical evidence are available to participate in deliberations and vote on an indictment.
Holding
No, because CPL 190.25(1) requires that at least 16 members be present during grand jury proceedings, but only 12 members need to concur to find an indictment; the statute does not require all 16 members to have heard all the critical and essential evidence.
Court’s Reasoning
The Court relied on the precedent set by People v. Brinkman and People v. Saperstein, which held that an indictment is valid as long as at least 12 grand jurors who voted to indict heard all the essential and critical evidence. The court reasoned that the Criminal Procedure Law (CPL) did not materially alter the requirements from the predecessor statute, the Code of Criminal Procedure, which contained separate quorum and voting requirements. The court stated: “The language is hardly — and, we conclude, not materially — different. Indeed, had the Legislature intended to change such a basic provision of the Criminal Procedure Law after nearly a century, surely it would have said so.” CPL 190.25(1) combines the quorum and voting requirements into a single subdivision but does not explicitly require all 16 jurors to have heard all essential evidence. The court dismissed the argument that the quorum requirement becomes meaningless if some jurors are idle observers. It suggested those jurors still contribute by providing protection against malicious prosecution. The court concluded the defendant’s protection through grand jury indictment was not diminished because at least 12 jurors who heard the evidence were required to be convinced for a true bill.