89 N.Y.2d 677 (1997)
A “dual slip” presentment to a grand jury, where charges against a civilian defendant and a cross-complaint against a police officer arising from the same incident are presented to the same grand jury, is not inherently prejudicial and does not automatically require dismissal of the indictment against the civilian defendant, absent a showing of actual prejudice.
Summary
Matthew Adessa was indicted on several charges after an incident involving a traffic stop and altercation with police officers. He argued that the indictment was tainted because the grand jury was also presented with an investigation into the shooting of Adessa by one of the officers (a “dual slip” presentment), arguing this created an inherent bias against him. The New York Court of Appeals held that a dual presentment is not inherently prejudicial. Because Adessa failed to demonstrate any concrete prejudice resulting from the dual presentment, the indictment was properly upheld.
Facts
Adessa sped away from a gas station without paying for gas, nearly hitting a security guard. Two police officers pursued him in an unmarked car. After stopping, Adessa exited his vehicle with a baseball bat. Despite the officers identifying themselves and ordering him to drop the bat, Adessa moved towards them. One of the officers shot and wounded Adessa. Adessa fled again and was later arrested at a hospital. Adessa’s attorney informed the District Attorney’s office of a planned request for an administrative and criminal investigation into the officer’s conduct, and also advised the District Attorney that his client would not testify before the Grand Jury with respect to the charges leveled against him.
Procedural History
The case was presented to a grand jury as a “dual slip” presentment. The grand jury indicted Adessa on multiple charges but declined to indict the officer. Adessa moved to dismiss the indictment, arguing that the grand jury proceeding was tainted. The Supreme Court granted the motion, finding that the People breached their obligation of fairness. The Appellate Division reversed and reinstated the indictment, finding no impairment to the Grand Jury proceeding resulting in prejudice to Adessa. The Court of Appeals granted leave to appeal.
Issue(s)
Whether it is inherently prejudicial to obtain an indictment against a civilian defendant from a grand jury that has also been asked to consider a police misconduct charge arising out of the same incident, thereby impairing the integrity of the grand jury proceeding and tainting the indictment.
Holding
No, because the “dual slip” presentment procedure is not inherently prejudicial, and the defendant failed to demonstrate any concrete prejudice resulting from the procedure in this case.
Court’s Reasoning
The Court of Appeals rejected the argument that a joint presentment of citizen-police officer cross complaints is “inherently prejudicial” due to the “societal respect and admiration police officers enjoy.” The Court reasoned that police officer testimony figures prominently in nearly every aspect of criminal proceedings, and the probity of police officers is often assessed in the face of conflicting versions by civilian witnesses. It noted that the assumption that police testimony enjoys an unwarranted advantage is not necessarily valid, particularly in light of modern scrutiny of police conduct. The Court also emphasized that the defendant had the right to testify on his own behalf but chose not to, and that his decision to not testify was a strategic choice and not a result of the dual presentment. The court explicitly stated that its holding should not be seen as blanket approval of dual presentments, noting that situations could arise where such a practice could undermine fairness and lead to prejudice. The court stated, “Absent a breach of a statutory command or some indication of likely prejudice, there is no legal basis for interfering with the prosecutor’s prerogatives in determining the manner in which a Grand Jury presentment is made.”