People v. Barabash, 18 A.D.3d 474

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 [1]; 210.20 [1] [c]; 210.35 [5]; People v Steans, 187 AD2d 741 [1992]). H. Miller, J.P., Krausman, Crane and Fisher, JJ., concur.

Case Details

Case Name: People v. Barabash

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: May 2, 2005

Citations: 18 A.D.3d 474; 795 N.Y.S.2d 257; 2005 N.Y. App. Div. LEXIS 4841

Court Abbreviation: N.Y. App. Div.