New York Court of Appeals

The People of the State of New York v. Stephen Sullivan

November 25, 198668 N.Y.2d 495

Summary

The Court reversed the Appellate Division and reinstated the grand‑jury indictment for reckless manslaughter, holding that a grand jury may lawfully return a lesser‑included charge when the evidence supports it and that the evidence here could support a finding of reckless conduct. The opinion also affirmed that the grand jury’s discretion to indict on a lesser offense is permissible under CPL 190.65. Chief Judge Wachtler dissented, arguing the indictment should remain dismissed.