A Brooklyn judge has ruled that a prosecutor’s insistence that two alibi witnesses either speak with her or be represented by counsel before testifying before a grand jury, which resulted in delays that led to the witnesses becoming unavailable, constitutes sufficient grounds for dismissing a robbery indictment.
“In this court’s opinion, the People failed adequately to comply with the grand jury’s direction [to call defense witnesses] and such failure did create a possibility of prejudice by depriving the defendant of the opportunity to present exculpatory evidence to the grand jury,” Acting Supreme Court Justice Mark Dwyer wrote in People v. Archie, 7178/09.
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