New York Court of Appeals

The People of the State of New York, Respondent v. Matthew Adessa, Appellant

March 27, 199789 N.Y.2d 677

Summary

The Court affirmed the Appellate Division's reinstatement of the indictment, holding that a "dual slip" Grand Jury presentment of both a civilian charge and a police misconduct investigation is not inherently prejudicial and that no concrete prejudice was shown. The majority reasoned that the defendant voluntarily waived his right to testify and that any potential bias toward police officers is speculative. Justice Bellacosa dissented, arguing that the dual slip procedure impaired the Grand Jury's integrity and warranted dismissal of the indictment. The decision leaves the indictment in force.