People v. Quintana
Opinion of the Court
Order, Supreme Court, New York County (Renee A. White, J.), entered on or about September 6, 2005, which, to the extent appealed from, dismissed the counts of the indictment charging escape in the first degree and burglary in the second degree, unanimously affirmed.
The court properly found that the evidence permitted a reasonable inference that defendant acted under duress (see Penal Law § 40.00; People v Speros, 186 AD2d 434 [1992]), that therefore the People were required to charge the grand jurors on that defense (see People v Goetz, 68 NY2d 96, 115 [1986]), and that their failure to do so impaired the integrity of the grand jury proceeding to such a degree that defendant may have been prejudiced (see People v Valles, 62 NY2d 36 [1984]). Although the grand jury could have credited portions of
In addition, the court properly found that the evidence before the grand jury was legally insufficient to establish the charge of first-degree escape. The only evidence as to the nature of the charge for which defendant was being arrested (see Penal Law § 205.15 [2]) was inadmissible hearsay, provided by an officer with no personal knowledge relating to the element at issue (see CPL 190.30). Concur — Tom, J.P, Mazzarelli, Saxe, Marlow and Catterson, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.