New York Court of Appeals
The People of the State of New York, Respondent v. Joshua Samuel Huston, Appellant
June 13, 199688 N.Y.2d 400
Summary
The New York Court of Appeals held that the prosecutor’s intentional misconduct during the grand‑jury proceeding—introducing inadmissible hearsay, biasing the jurors, and usurping the grand jury’s fact‑finding role—defected the indictment under CPL 210.35(5) and required its dismissal. The Court further clarified that only a possibility of prejudice, not actual prejudice, is required for dismissal and that a subsequent conviction does not cure a defective grand‑jury proceeding. The indictment was dismissed with leave for the district attorney to seek a new grand‑jury indictment.