People v. Suarez
Opinion of the Court
— Appeal by the People from an order of the Supreme Court, Queens County (Rotker, J.), dated January 4, 1986, which, upon reargument, granted the branch of the defendant’s omnibus motion which was to dismiss the indictment for insufficiency of the evidence before the Grand Jury.
Order modified, on the law, by deleting the provision granting the branch of the defendant’s motion which was to dismiss the indictment and substituting therefor a provision adhering to the original determination denying that branch of the motion, and indictment reinstated.
By Queens County indictment No. 2973/85, the defendant was charged with murder in the second degree (two counts), kidnapping in the first degree, and criminal possession of a weapon in the second degree. Criminal Term initially denied that branch of the defendant’s omnibus motion which sought dismissal of the indictment based upon insufficient Grand Jury evidence. Subsequently, the People provided defense
To obtain an indictment, the evidence before the Grand Jury must be legally sufficient to establish that the person committed the offense (see, People v Deitsch, 97 AD2d 327). The People do not have the obligation to present to the Grand Jury every piece of evidence which they possess against a suspect, nor must every matter which may have a tendency to reflect upon the credibility of a witness be revealed. The Grand Jury proceeding is not intended to be adversarial in nature or a minitrial of the individual suspected of committing a crime. An indictment will not be dismissed provided that the prosecutor did not withhold any information from the Grand Jury which would have materially influenced its investigation (see, People v Holmes, 118 AD2d 869; People v Thompson, 108 AD2d 942). We find that the inconsistencies reflected in the instant case would not have had a material influence upon the Grand Jury, and as credibility factors, should more appropriately be reserved for presentation to the petit jury. As a result, the indictment was not rendered defective because of the failure to present this information during the Grand Jury proceedings. Furthermore, after reviewing the minutes of the Grand Jury testimony, we find that the evidence was legally sufficient to support the crimes charged in the indictment. Accordingly, the indictment is reinstated. Gibbons, J. P., Bracken, Niehoff and Kunzeman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.