People v. Karp
| Decision Date | 27 December 1990 |
| Citation | 565 N.Y.S.2d 751,566 N.E.2d 1156,76 N.Y.2d 1006 |
| Parties | , 566 N.E.2d 1156 The PEOPLE of the State of New York, Appellant, v. Jules KARP, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division should be reversed and the indictment reinstated.
We agree with so much of the dissenting opinion of Justice Joseph P. Sullivan (158 A.D.2d 378, 385, 551 N.Y.S.2d 503) as concluded that the questioning of the defendant before the Grand Jury was neither "overly vigorous" nor prevented the defendant from "fully and fairly testifying" (see, CPL 190.50[5].
Inasmuch as the Supreme Court dismissal of the indictment was solely on the ground of the prosecutor's improper questioning of the defendant, the Appellate Division lacked the power to consider issues relating to the District Attorney's failure to instruct the Grand Jury on the defense of justification and prejudicially exercising prosecutorial discretion in charging the defendant. As stated by this Court in People v. Goodfriend, 64 N.Y.2d 695, 698, 485 N.Y.S.2d 519, 474 N.E.2d 1187, Thus, on the People's appeal, the Appellate Division was without power to consider defendant's alternative arguments for affirmance.
Order reversed, etc.
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