People v. Brown

N.Y.

Court: New York Court of Appeals

Citations: 81 N.Y.2d 798, 595 N.Y.S.2d 370, 611 N.E.2d 271, 1993 N.Y. LEXIS 80

Decision Date: 2/11/1993

Jurisdiction: NY

Bluebook Citation: People v. Brown, 81 N.Y.2d 798, 595 N.Y.S.2d 370, 611 N.E.2d 271, 1993 N.Y. LEXIS 80 (1993)

More Cases: N.Y. decisions from 1993

The People of the State of New York, Respondent, v Larry Brown, Appellant.

Attorneys

APPEARANCES OF COUNSEL
Stephen Monick, New York City, and Philip L. Weinstein for appellant.
Robert M. Morgenthau, District Attorney of New York County, New York City (Birgit E. Kollmar and Beth J. Thomas of counsel), for respondent.

majority

Memorandum.

The order of the Appellate Division should be affirmed. Defendant’s claim — that the Grand Jury proceeding was defective due to the prosecutor’s reliance on legal instructions given earlier in the day to the same Grand Jury but with respect to different cases — is not preserved for our review. Defendant’s omnibus motion to inspect the Grand Jury minutes did not specify the grounds now claimed and his sole argument to the trial court after inspection was that the prosecutor improperly usurped control of the grand jurors’ decision on what charges to vote.

Acting Chief Judge Simons and Judges Kaye, Titone, Hancock, Jr., Bellacosa and Smith concur.

Order affirmed in a memorandum.

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