PEOPLE v. LISSONE (2024)

Steven Lissone is charged with, inter alia, Assault in the Second Degree (PL 120.05[2]). On April 25, 2024, Lissone filed an omnibus motion asking for, among other things, inspection of the Grand Jury Minutes. The Court also directed Lissone to file any challenges to the Certificate of Compliance by May 10, 2024, but no motion was ever filed. The People filed their response to the omnibus motion on May 23, 2024. Lissone did not file a reply. Upon careful review of the submissions, the Court issues the decision and order herein.

Motion to Inspect Grand Jury Minutes and Dismiss the Indictment

Lissone's motion to inspect the grand jury minutes is granted. The People are ordered to produce the grand jury minutes for in camera review pursuant to CPL § 210.30(4) and are charged from the date of the entry of the instant decision until they do so.

Motion for Releasing the Grand Jury Minutes

Lisson also moves for releasing the Grand Jury minutes. Pursuant to CPL § 245.20(1)(b), the People are required to provide all transcripts of testimony of any persons who testified before the Grand Jury. Accordingly, any further disclosure of the Grand Jury minutes, other than the testimony, is denied.

Motion to Suppress or for Wade/Dunaway Hearing

Lissone requests, and the People consent to, a Wade/Dunaway hearing. Accordingly, that hearing is ORDERED.

Preclusion of Evidence Pursuant to CPL § 710.30

Lissone's request to preclude evidence pursuant to CPL § 710.30 is premature. Should such a motion become necessary, Lissone has leave to renew this prong of the motion with the trial court.

Sandoval/Prior Uncharged Acts

Lissone requests, and the People consent to, a Sandoval hearing. Such a hearing is ORDERED. Pursuant to CPL § 245.20(3), as soon as practicable but no later than fifteen calendar days prior to the first scheduled trial date, the prosecutor is directed to notify Lissone of all specific instances of any prior uncharged, vicious, or immoral conduct of which the prosecutor intends to use at trial for the purpose of impeaching Lissone's credibility or as substantive proof of any material issue in the case.

Conclusion

Accordingly, it is hereby:

ORDERED, that the People are directed to provide the Court with the Grand Jury minutes for in camera inspection and are charged until they do so; and it is further

ORDERED, that a Wade/Dunaway hearing be held; and it is further

ORDERED, that a Sandoval hearing be held; and it is further

ORDERED, that Lissone's motion is otherwise denied.

Any further motions may be made upon good cause shown. See CPL 255.20.

The foregoing constitutes the decision and order of the Court.

Adam D. Perlmutter, J.