People v. Wisdom, 23 N.Y.3d 971 (2014)

An isolated procedural error in a grand jury proceeding, such as the failure to administer an oath during a witness’s initial testimony, does not automatically warrant dismissal of the indictment if the error is promptly corrected and does not prejudice the defendant.

Summary

Sidney Wisdom was indicted for burglary and attempted murder after a grand jury viewed a videotaped interview of a victim, Jane, who identified him as her assailant. Jane was not initially sworn in before the recording. The prosecution, realizing the error, obtained a second recording where Jane swore to the truth of her prior statements. The New York Court of Appeals held that the initial failure to administer an oath, although a procedural error, did not compromise the integrity of the grand jury proceeding because the error was rectified, and the defendant did not demonstrate prejudice.

Facts

Sidney Wisdom was accused of attempting to kill a four-year-old girl and her grandmother, Jane, during a burglary. Due to the severity of Jane’s injuries, the People videotaped her testimony for grand jury presentation. In the initial recording, Jane identified Wisdom as the assailant, stating she knew him. However, she was not administered an oath. The prosecutor, realizing the error, obtained a second recording where Jane swore to the truth and accuracy of her prior statements. The grand jury viewed both videos before indicting Wisdom.

Procedural History

Wisdom moved to dismiss the indictment, arguing the unsworn testimony compromised the grand jury’s integrity. The Supreme Court denied the motion, and a jury convicted Wisdom. The Appellate Division reversed, finding the grand jury proceeding defective. The People appealed to the New York Court of Appeals.

Issue(s)

Whether the failure to administer an oath to a witness before their initial grand jury testimony, later corrected by a sworn affirmation of the prior statements, constitutes a defect impairing the integrity of the grand jury proceedings, warranting dismissal of the indictment.

Holding

No, because the lack of an oath was an oversight that was corrected, and the defendant failed to demonstrate prejudice, the grand jury proceeding was not fundamentally impaired.

Court’s Reasoning

The Court of Appeals acknowledged that an oath should have been administered during the first recording. However, the court emphasized that not every procedural error warrants dismissal of an indictment. The court applied the statutory standard requiring a “very precise and very high” showing of impairment to the grand jury proceedings (People v. Darby, 75 N.Y.2d 449, 455 [1990]). The court noted the absence of any nefarious intent to unfairly prejudice the defendant. Instead, the prosecution proactively sought to correct the error by obtaining a second, sworn statement from Jane, which the grand jury reviewed along with instructions regarding the initial omission. The Court determined that the defendant failed to establish a possibility of prejudice that would justify dismissing the indictment. The court emphasized that corrective measures were taken, and there was no evidence that the initial lack of oath substantially influenced the grand jury’s decision to indict. The court cited precedent, including People v. Adessa, 89 N.Y.2d 677, 686 (1997), underscoring that dismissal is an exceptional remedy reserved for cases where the integrity of the grand jury process is genuinely compromised. The Court reasoned that the purpose of the oath is to ensure truthfulness, and Jane’s subsequent sworn affirmation of her initial statements served this purpose, mitigating any potential prejudice to the defendant.