People v. Adessa

In People v. Adessa, 89 N.Y.2d 677 (1997) the Court of Appeals addressed the novel question of the propriety of a "dual slip" presentation. The grand jury considered cross-accusations against a police officer and civilian. The People sought an indictment against the defendant for reckless endangerment, menacing and other offenses. The grand jury was also charged with investigating the police officer's shooting of the defendant. The Adessa Court framed the issue as one of potential prejudice against a civilian by a grand jury that was jointly considering police misconduct and the charges against the civilian. The Court found it was not inherently prejudicial and did not dismiss the indictment against the citizen defendant. The facts in Adessa were, in substance, that police officers patrolling in an unmarked car observed the defendant's vehicle speeding out of a gas station, hitting another car, and nearly striking a security guard. The officers gave chase and eventually the defendant exited his car with a baseball bat and moved in the officers' direction. One officer fired his gun and defendant was hit in the legs and buttocks. Defendant fled and was eventually arrested by other officers at a hospital. The Court stated that "absent a breach of a statutory command or some indication of likely prejudice, there is no legal basis for interfering with the prosecutor's prerogatives in determining the manner in which a Grand Jury presentment is made." Id. at 682. Although the Court did not find a likelihood of prejudice, it went on to state: "We stress that our holding in this case should not be construed as a blanket approval of the practice of submitting criminal charges against citizens and cross complaints against police officers to the same Grand Juries. We recognize that there may be situations in which such a practice could undermine the fairness of the proceeding and lead to palpable prejudice for the accused." Id. at 684.