Court of Appeals of New York

The Appellate Division erred in reversing defendant's conviction for attempted second-degree murder, where: 1) defendant timely challenged the indictment; but 2) although the prosecutor failed to swear the victim before her initial recorded statement, the error does not meet the "very precise and very high" statutory standard of impairment for grand jury proceedings, as the People sought to correct the error by securing judicial permission to record a second interview in which the victim swore to be honest and verified the truth of her prior statements, and this second video was shown to the grand jury.

Appellate Information

• Decided 06/05/2014
• Published 06/05/2014

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Court

• Court of Appeals of New York

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