People v. Caracciola
| Decision Date | 10 October 1991 |
| Citation | 581 N.E.2d 1329,78 N.Y.2d 1021,576 N.Y.S.2d 74 |
| Parties | , 581 N.E.2d 1329 The PEOPLE of the State of New York, Appellant, v. Michael CARACCIOLA, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Robert M. Morgenthau, Dist. Atty. (Alan Gadlin and Norman Barclay, of counsel), New York City, for appellant.
Andrew M. Fallek, New York City, for respondent.
The order of the Appellate Division should be affirmed 164 A.D.2d 755, 560 N.Y.S.2d 133.
We agree with Supreme Court and the Appellate Division that the prosecutor's legal instructions were too confusing to have been understood by the Grand Jury in considering the charges, warranting dismissal of the indictment. While instructions to the Grand Jury need not be as precise as those given to a petit jury, they may not be so misleading or incomplete as to substantially undermine the integrity of the proceedings (see, People v. Batashure, 75 N.Y.2d 306, 311-312, 552 N.Y.S.2d 896, 552 N.E.2d 144; People v. Calbud, Inc., 49 N.Y.2d 389, 396, 426 N.Y.S.2d 238, 402 N.E.2d 1140; see also, CPL 210.35[5]. The guidance provided by the prosecutor was not sufficient for the Grand Jury to carry out its function (see, People v. Valles, 62 N.Y.2d 36, 38, 476 N.Y.S.2d 50, 464 N.E.2d 418).
Order affirmed in a memorandum.
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