People v. Dillard
| Decision Date | 28 April 1995 |
| Citation | 627 N.Y.S.2d 184,214 A.D.2d 1028 |
| Parties | PEOPLE of the State of New York, Appellant, v. Jumo DILLARD, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Howard R. Relin by Elizabeth Clifford, Rochester, for appellant.
Thomas Cocuzzi, Rochester, for respondent.
Before GREEN, J.P., and LAWTON, FALLON, CALLAHAN and BOEHM, JJ.
County Court erred in dismissing the indictment. The surviving victim testified before the Grand Jury that he and his cousin were shot by a man whom he had identified at the preliminary hearing as defendant. A witness to the shooting also testified that defendant was the perpetrator. The People presented the records of the medical examiner showing that the surviving victim's cousin died from a gunshot wound to the chest. That evidence, viewed in the light most favorable to the People, is legally sufficient to support the indictment (see, People v. Jennings, 69 N.Y.2d 103, 114-116, 512 N.Y.S.2d 652, 504 N.E.2d 1079; People v. Deegan, 69 N.Y.2d 976, 978-979, 516 N.Y.S.2d 651, 509 N.E.2d 345). The prosecutor's failure to present exculpatory evidence that the surviving victim had not identified defendant from a photographic array and that the witness had recanted his earlier statement that defendant was the perpetrator does not render the Grand Jury proceeding defective (see, People v. Morris, 204 A.D.2d 973, 613 N.Y.S.2d 66, lv. denied 83 N.Y.2d 1005, 616 N.Y.S.2d 487, 640 N.E.2d 155; see also, People v. Mitchell, 82 N.Y.2d 509, 515, 605 N.Y.S.2d 655, 626 N.E.2d 630). Such evidence merely relates to credibility, a collateral issue that generally does not materially influence a Grand Jury investigation (see, People v. Perry, 187 A.D.2d 678, 590 N.Y.S.2d 251, lv. denied 81 N.Y.2d 891, 597 N.Y.S.2d 952, 613 N.E.2d 984; People v. Kaba, 177 A.D.2d 506, 508, 575 N.Y.S.2d 716, lv. denied 79 N.Y.2d 859, 580 N.Y.S.2d 731, 588 N.E.2d 766).
Order unanimously reversed on the law, motion denied, indictment reinstated and matter remitted to Monroe County Court for further proceedings on the indictment.
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