People v. Young, 94 N.Y.2d 692 (2000)
A Grand Jury may reconsider a no true bill vote only if the decision to reconsider is truly sua sponte and not the result of prosecutorial intervention; otherwise, the prosecutor must seek court permission to resubmit the charge.
Summary
Young was charged with robbery. The grand jury initially voted a no true bill on the robbery charge but, after the prosecutor reacted with visible disbelief and the District Attorney addressed the jury, they reconsidered and indicted him. The New York Court of Appeals held that the prosecutor’s reaction improperly influenced the grand jury’s decision to reconsider, violating the statute prohibiting resubmission of charges without court authorization. The court emphasized the importance of grand jury independence and curbing prosecutorial excess.
Facts
Young and two others allegedly beat and robbed Lee Cornell. The case was presented to a grand jury, which initially voted 12-10 against indicting Young for robbery, opting instead for a prosecutor’s information on assault. Upon receiving the vote, the Assistant District Attorney visibly reacted with disbelief. Although the Grand Jury had voted a no true bill on the robbery charge, the vote was never filed as a finding of dismissal under CPL 190.75 (1). The following day, the District Attorney spoke to the Grand Jury at its request, and at least one of the jurors expressed disapproval of the Assistant’s reaction to their vote. The District Attorney advised the jurors that they could reconsider any vote that had not been handed up. A week later, the grand jury recalled Cornell, heard further testimony, and subsequently indicted Young for robbery and assault.
Procedural History
The trial court dismissed the indictment, finding that the prosecutor’s conduct influenced the grand jury’s reconsideration. The Appellate Division reversed, holding that the grand jury’s decision was sua sponte. The New York Court of Appeals reversed the Appellate Division, dismissing the indictment but allowing the assault charge to proceed via prosecutor’s information, subject to the People seeking leave to resubmit the robbery charge.
Issue(s)
Whether a Grand Jury may reconsider its vote of a no true bill without court permission pursuant to CPL 190.75 (3), under circumstances which incontrovertibly indicate prosecutorial involvement in the Grand Jury’s deliberative process.
Holding
No, because the prosecutor’s intervention compromised the grand jury’s independence, requiring the prosecutor to seek court permission before resubmitting the charge.
Court’s Reasoning
CPL 190.75(3) prohibits resubmitting a charge dismissed by a grand jury without court leave, preventing prosecutorial abuse. While a grand jury can reconsider a dismissal sua sponte before filing, prosecutorial intervention taints the process. The court distinguished this case from situations where the Grand Jury acts on its own: “Once the Grand Jury has indicated its rejection of the People’s evidence, then the customarily unfettered prosecutorial discretion in dealing with the Grand Jury is checked by the necessity of judicial authorization to resubmit.” The court found the prosecutor’s reaction to the initial vote contributed to the reconsideration, undermining the grand jury’s independence. The court stated, “The inference is undeniable that the prosecutor’s action upon receiving the initial vote sheet contributed to the Grand Jury’s decision to reconsider its prior action. Therefore resubmission of the robbery charge violated the prerequisite of CPL 190.75 (3).” Even without bad faith, the appearance of influence is enough to require court authorization for resubmission. This protects the grand jury’s independence and curbs potential prosecutorial overreach, consistent with the statute’s intent.