People v. Aarons

Summary

The New York Court of Appeals held that dismissal of a grand-jury charge is an affirmative official action requiring the concurrence of at least 12 grand jurors under CPL 190.25(1). Because the grand jury in this case had not formally voted to dismiss the charges, the prosecutor could present additional evidence to the same grand jury without obtaining judicial leave. The court affirmed the Appellate Division's order reinstating the indictment.

Holdings

1. A grand jury's temporary inability to reach a decision does not by itself dismiss the charges; dismissal requires an express determination and filing of the grand jury's finding of dismissal.
2. Dismissal of a charge is an affirmative official action or decision of the grand jury, and therefore requires the concurrence of at least 12 grand jurors under CPL 190.25 (1).
3. Because no 12-member vote to dismiss occurred, the prosecutor's request that the grand jury cease deliberations and hear additional evidence did not constitute an unauthorized re-presentment requiring judicial leave.

Questions Presented

1. Whether a grand jury's temporary inability to reach a decision or failure to obtain 12 votes for an indictment constitutes a dismissal of the charges.
2. Whether dismissal of a grand-jury charge is an affirmative official action requiring the concurrence of at least 12 grand jurors under CPL 190.25 (1).
3. Whether the prosecutor was required to obtain judicial permission before presenting additional evidence to the same grand jury after it initially failed to reach a decision.

Disposition

affirmed