New York Court of Appeals
The People of the State of New York, Respondent v. Patsy Mitchell, Appellant
November 18, 199382 N.Y.2d 509
Summary
The New York Court of Appeals affirmed the Appellate Division, holding that a prosecutor is not required to present a defendant's exculpatory statements to a grand jury when the statements are inadmissible hearsay and no justification defense is established. The Court applied CPL 190.30, 190.65, and related evidentiary rules to conclude the prosecutor's discretion was proper. Judge Titone dissented, arguing that the prosecutor's duty of fairness required disclosure of the exculpatory statements. The dissent sought reversal of the affirmation.