People v. Jorge

In People v. Jorge (172 Misc. 2d 795 [1997]), a defendant charged with two separate robberies moved in the arraignment court to require the People to present the cases to separate grand juries. He argued that he would be prejudiced if the same grand jury heard both cases because he was presenting different defenses. The arraignment court did not rule on the motion, the cases were presented to the same grand jury, and the grand jury returned an indictment charging the defendant with only one of the robberies. Notwithstanding that the separate robbery charges would have been joinable in a single indictment under CPL 200.20 (2) (c), the court dismissed the indictment because the People's actions had a "coercive effect" on defendant's choice to testify or not.