New York Court of Appeals, 1990

People v. Karp

New York Court of Appeals · Decided December 27, 1990

76 N.Y.2d 1006

Cases that cite this one

45 later published cases cite this decision. The 25 that cite it most often are listed here.

Angel Claudio v. Charles Scully, Superintendent, Greenhaven Correctional Facility (2d Cir. 1992)
People v. Concepcion (N.Y. 2011)
People v. Germosen (Appellate Division of the Supreme Court of New York 1995)
People v. Tyndall (Appellate Division of the Supreme Court of New York 2020)
People v. Sturges (Appellate Division of the Supreme Court of New York 2018)
People v. McCoy (Appellate Division of the Supreme Court of New York 2012)
People v. Collado (Appellate Division of the Supreme Court of New York 2010)
People v. Scerbo (Appellate Division of the Supreme Court of New York 2010)
People v. Meleance (Appellate Division of the Supreme Court of New York 2008)
People v. Allende (Appellate Division of the Supreme Court of New York 2007)
People v. Banks (Appellate Division of the Supreme Court of New York 2007)
People v. Asher (Appellate Terms of the Supreme Court of New York 2007)
People v. Ford (Appellate Division of the Supreme Court of New York 2006)
People v. Woodruff (Appellate Division of the Supreme Court of New York 2004)
People v. King (Appellate Division of the Supreme Court of New York 2002)
People v. Davidson (Appellate Division of the Supreme Court of New York 2002)
People v. Dockery (Appellate Division of the Supreme Court of New York 2002)
People v. Antonelli (Appellate Division of the Supreme Court of New York 2002)
People v. Dockery (Appellate Division of the Supreme Court of New York 2000)
People v. Herbert (Criminal Court of the City of New York 2000)
People v. Olivo (Appellate Division of the Supreme Court of New York 1999)
People v. Walcott (Appellate Division of the Supreme Court of New York 1998)
People v. Mejia Real Estate Inc. (New York Supreme Court 1998)
People v. Ponnapula (Appellate Division of the Supreme Court of New York 1997)
People v. Sandy (Appellate Division of the Supreme Court of New York 1997)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the indictment reinstated.

We agree with so much of the dissenting opinion of Justice Joseph P. Sullivan (158 AD2d 378, 385) as concluded that the questioning of the defendant before the Grand Jury was neither "overly vigorous” nor prevented the defendant from "fully and fairly testifying” (see, CPL 190.50 [5]).

Inasmuch as the Supreme Court dismissal of the indictment was solely on the ground of the prosecutor’s improper questioning of the defendant, the Appellate Division lacked the power to consider issues relating to the District Attorney’s failure to instruct the Grand Jury on the defense of justification and prejudicially exercising prosecutorial discretion in charging the defendant. As stated by this Court in People v *1009Goodfriend (64 NY2d 695, 698), "[t]he CPL, however, limits the Appellate Division’s review to 'any question of law or issue of fact involving error or defect in the criminal court proceedings which may have adversely affected the appellant. ’ (CPL 470.15, subd 1 [emphasis added].)” Thus, on the People’s appeal, the Appellate Division was without power to consider defendant’s alternative arguments for affirmance.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur in memorandum.

Order reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.