AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. NORMAN BARABASH and DOUGLAS ALLEN, Respondents.

Ordered that the order is modified, as a matter of discretion in the interest of justice, by adding a provision thereto granting leave to the People to represent the charges to another grand jury; as so modified, the order is affirmed.

We conclude that an audiotape recording played to the grand jury constituted inadmissible hearsay not subject to any exception. Moreover, the presentation of that recording impaired the integrity of the grand jury proceedings, resulting in prejudice to the defendants, thereby requiring dismissal of the indictment ( see CPL 190.65; 210.20 [1] [c]; 210.35 [5]; People v. Steans, 187 AD2d 741).

Use AI to get other relevant cases.

Comments

PEOPLE v. BARABASH
(May 2, 2005)