In People v Buccina (2009 NY Slip Op 03568 [4th Dept 5/1/09])the Appellate Division, Forth Department rejected the contention of defendant that he was denied his right to testify before the grand jury where defendant refused to testify before the grand jury after he was informed that, pursuant to the policy of the jail where he was confined, he would not be allowed to change into street clothes before being transported to the grand jury.
The Court reasoned that
Inasmuch as defendant chose not to testify before the grand jury, it cannot be said that he was denied his statutory right to do so (see CPL 190.50 [5]). Further, to the extent that the policy of refusing to allow defendant to testify before the grand jury in street clothes relates to the integrity of the grand jury proceeding (see CPL 210.35 [5]), we note that, by his own conduct in refusing to testify, defendant has rendered it impossible for us to determine on the record before us whether such a policy "fail[ed] to conform to the requirements of article [190] to such degree that the integrity [of the grand jury proceeding was] impaired and prejudice to the defendant may [have] result[ed]" (CPL 210.35 [5]).
So if he did testify, would any error in the policy have been deemed harmless because he testified? If not, how could the Court determine from the Grand Jury record how the defendant was prejudiced by the policy? Phrased differently, if the policy if illegal, is there any remedy available to one whose rights are violated by such policy?
Referrals to New York State attorneys. The Lawyer Referral and Information Service is a public service of the New York State Bar Association that provides ...
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
Provisions in Settlement Agreement Which Govern Award of Attorney's Fees, Rather than Statutory Provisions, Control. In Berns v Halberst...
-
The Cultural Property Advisory Committee will be holding public sessions on October 12 and October 14, 2010 to consider renewing the cultura...
-
For what its worth, the BG&S website has some articles I've authored, each of which should have been published by now in "The S...
-
The need to renew previously made requests has been in the news recently with lots of reminders that if you don't a request to be on the...
-
I have just turned the magic age of 48. Getting a bit more grey, having a few more excuse me "sirs" thrown my way pauses me to th...
-
In People v Helmer ( 2009 NY Slip Op 04830 4th Dept 6/12/09) the sole issue was whether the victim was a stranger to defendant for purpose...
-
I'm living my dream. When I told my friends five years ago where I was moving they recommended I see a therapist. I escaped the big city...
-
Judge Nelson Roman, Deputy Mayor Carol Robles-Roman, Is Approved For Seat in Southern District CourtSenate Committee Approves Roman for Southern District By Mike Paquette New York Law Journal March 4, 2013 LINK Cover Story: Hispanic Power ...
-
Let us thank the American Bar Association for giving the green light late last year to allow the corporations and corrupt TARP receiving ban...
-
re-posted from Parentadvocates.org LINK The subtitle of the article on the July 29, 2012 New York Post: "Judges' pals cashing in...
Không có nhận xét nào:
Đăng nhận xét