2 N.Y.3d 547 (2004)
A grand jury’s dismissal of criminal charges requires a formal vote with the concurrence of at least 12 grand jurors; a failure to indict does not automatically constitute a dismissal.
Summary
The New York Court of Appeals addressed whether a formal vote of 12 grand jurors is necessary to dismiss a charge. After hearing testimony, a grand jury deliberated on charges against Aarons but couldn’t reach a decision. The prosecutor then presented more evidence. Aarons moved to dismiss, arguing the initial failure to indict constituted a dismissal, requiring court approval to re-present the case. The Court of Appeals held that a formal vote with at least 12 concurring jurors is required for a dismissal, affirming the Appellate Division’s reinstatement of the indictment. The court reasoned that inferring a dismissal undermines the grand jury’s explicit power to dismiss charges.
Facts
Lenworth Aarons was accused of burglary and related crimes. On March 19, 1999, a Bronx County grand jury heard testimony from witnesses, including Aarons. The grand jury deliberated but informed the prosecutor they were having difficulty reaching a decision regarding the proposed charges. The prosecutor then asked the grand jury to cease deliberations to present additional evidence. The prosecutor reconvened the grand jury the following week, presented another witness, and asked the jurors to vote. The grand jury then indicted Aarons.
Procedural History
Aarons moved to dismiss the indictment. Supreme Court granted the motion and dismissed the indictment. The Appellate Division reversed, reinstating the indictment, holding that a dismissal requires a concurrence of 12 grand jurors. A Justice of the Appellate Division granted Aarons leave to appeal to the Court of Appeals.
Issue(s)
Whether a formal vote of 12 grand jurors is necessary to effectuate a dismissal of charges by a grand jury, or whether a failure to indict can be interpreted as a de facto dismissal.
Holding
Yes, because a dismissal of a charge constitutes an affirmative official action or decision of the grand jury, requiring the concurrence of at least 12 members as stipulated in CPL 190.25(1).
Court’s Reasoning
The Court of Appeals reasoned that CPL 190.25(1) requires a concurrence of at least 12 grand jurors for any affirmative official action or decision. The court determined that dismissing charges is an affirmative action. The court examined the legislative history of grand jury procedure, noting that even under the former Code of Criminal Procedure, a dismissal required an express communication to the court, not a mere inference. The Court cited CPL 190.60 and 190.75, which outline the grand jury’s power to dismiss charges, file an information, remove the case to Family Court, or submit a report, arguing that failure to indict doesn’t automatically equate to dismissal. The court distinguished the case from People v. Montanez, where 12 grand jurors voted to dismiss before the prosecutor improperly influenced a reconsideration. The court emphasized that allowing prosecutors to resubmit charges after a failure to indict, without judicial oversight, would undermine the grand jury’s independence. The dissent argued that dismissal is not an “affirmative official action” requiring 12 votes, as it ends proceedings rather than advancing them. The dissent contended that a failure to indict should automatically trigger a dismissal, subject to the requirement that the finding of dismissal is filed with the court. The Court stated that inferring a dismissal from a failure to indict would subvert the power conferred upon the grand jury and disregard the statute’s intent. As the Court stated, “For the court to infer a dismissal of a charge from the grand jury’s inability to make a decision as to what action it should take undermines this clear legislative intent and effectively eliminates one of the enumerated powers of the grand jury.”