49 N.Y.2d 389 (1980)

A prosecutor’s instruction to a grand jury that the legal sufficiency of evidence is solely the prosecutor’s determination impairs the grand jury’s function, as the grand jury must itself determine whether the evidence establishes each element of the crime.

Summary

This case addresses whether a prosecutor can instruct a grand jury that the legal sufficiency of evidence is solely the prosecutor’s concern, not the grand jury’s. The Court of Appeals held that such instructions are erroneous and impair the integrity of the grand jury proceeding, requiring dismissal of the indictment. The court reasoned that the grand jury has a fundamental responsibility to assess whether the evidence presented establishes each element of the crime charged, and the prosecutor cannot preempt this function by declaring the evidence legally sufficient.

Facts

An Assistant District Attorney (ADA) presented evidence to a grand jury regarding a charge of second-degree grand larceny against the defendant. During deliberations, grand jurors asked about the standard for voting on an indictment and the elements of the crime. The ADA responded by instructing the grand jurors that determining the legal sufficiency of the evidence was a matter of law for the ADA to decide, and that the ADA had already determined the evidence to be legally sufficient.

Procedural History

The defendant was indicted for second-degree grand larceny. The trial court dismissed the indictment, finding that the ADA’s instructions to the grand jury concerning the sufficiency of the evidence were erroneous and tainted the integrity of the proceeding. The Appellate Division affirmed the dismissal. The People appealed to the Court of Appeals.

Issue(s)

Whether a prosecutor’s instruction to a grand jury, stating that the legal sufficiency of the evidence is solely the prosecutor’s determination, impairs the integrity of the grand jury proceeding and requires dismissal of the indictment.

Holding

Yes, because the grand jury has a fundamental responsibility to assess whether the evidence presented establishes each element of the crime charged, and the prosecutor cannot preempt this function.

Court’s Reasoning

The Court of Appeals held that the instructions given by the ADA were erroneous and required dismissal of the indictment. While CPL 190.65(1) authorizes a grand jury to indict only when the evidence is legally sufficient and provides reasonable cause, it does not specify who determines whether each standard has been met. The Court acknowledged that legal sufficiency (defined in CPL 70.10 as competent evidence that, if accepted as true, would establish every element of an offense) is analytically distinct from reasonable cause. However, the Court rejected the People’s argument that sufficiency is a purely legal question for the prosecutor. The Court stated, “It is simply not permissible for a District Attorney to inform grand jurors, who by statute and Constitution, have the unique responsibility to decide whether to vote an indictment, that as a matter of law the prosecutor has already determined that there is enough evidence to warrant that action.” Such instructions carry an unacceptably high risk that grand jurors might undervalue their own role in reviewing the evidence. The Court emphasized that the question of whether there is sufficient evidence of each element of a crime lies at the very heart of the decision to vote an indictment. Allowing the prosecutor to unilaterally decide legal sufficiency would infringe upon a defendant’s right not to be held to answer for a felony charge except upon a Grand Jury’s indictment. The Court noted that it is, of course, proper for the District Attorney to evaluate a matter for legal sufficiency before commencing, or continuing, a prosecution.