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People v. Isla

Appellate Division of the Supreme Court of New York, First Department
Aug 11, 1983
96 A.D.2d 789 (N.Y. App. Div. 1983)

Summary

upholding the defendant's conviction but admonishing the district attorney for not reporting the defendant's full statement to the Grand Jury

Summary of this case from O'Neal v. City of N.Y.

Opinion

August 11, 1983


Judgment rendered September 7, 1982 in Supreme Court, New York County (James Leff, J., at jury trial and sentence), convicting defendant of manslaughter in the first degree and criminal possession of a weapon in the second degree, unanimously affirmed. At the time of the arrest defendant made a statement to the police to the effect that he had just shot the victim but that it had been done in self-defense because the man had chased him with a metal bar. Because defendant had a full opportunity to present — and, in fact, did so present — this defense at trial, we find no due process or other basis to conclude that he was denied a fair trial. However, we must admonish the District Attorney for not reporting to the Grand Jury any more than the first half of defendant's statement. The Grand Jury is "part of the investigatory process and not the prosecution". ( People v Waters, 27 N.Y.2d 553, 556.) While the prosecutor usually has wide discretion in these matters and is not strictly required to present exculpatory evidence in seeking the Grand Jury's indictment (see People v Elmhurst Milk Cream Co., 116 Misc.2d 140; People v Perez, 105 Misc.2d 845), it seems more than just a little unfair for the People's attorney, in this case, not to have disclosed the whole of defendant's confession. Merely having the officer testify that the defendant "said that he had shot a man the manager during an argument" is not enough. He should have quoted the rest of the sentence, i.e., that defendant had shot "in self-defense". The Grand Jury was entitled to the full story so that it could make an independent decision that probable cause existed to support an indictment. ( People v Filis, 87 Misc.2d 1067, 1069; compare United States v Kennedy, 564 F.2d 1329.) However, we are persuaded that in this case the failure to do so was not such as to require a reversal since defendant was able to present his defense of self-defense and justification at trial.

Concur — Sullivan, J.P., Ross, Carro, Asch and Fein, JJ.


Summaries of

People v. Isla

Appellate Division of the Supreme Court of New York, First Department
Aug 11, 1983
96 A.D.2d 789 (N.Y. App. Div. 1983)

upholding the defendant's conviction but admonishing the district attorney for not reporting the defendant's full statement to the Grand Jury

Summary of this case from O'Neal v. City of N.Y.

admonishing prosecutor for presenting misleading version of defendant's statements but ultimately concluding that dismissal was not required "since defendant was able to present his defense of self-defense and justification at trial"

Summary of this case from Zurlo v. State
Case details for

People v. Isla

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAUL ISLA, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Aug 11, 1983

Citations

96 A.D.2d 789 (N.Y. App. Div. 1983)

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