Legal Question in Criminal Law in New York
Is it true
if someone testifys against a defendant before a grand jury but doesn't show up to trial does the case get thrown out
Asked on 8/03/06, 4:21 pm
1 Answer from Attorneys
Tanya Robinson
TRESQ Associates
Re: Is it true
Sorry, it doesn't necessarily work that way. If the DA has other evidence or can get prior sworn testimony before the court, the case may still have life. In any event - there is no rule that the case is automatically thrown out when a GJ witness is not present for trial. But it may cause the prosecutor to rethink their interest in the case.
Answered on 8/05/06, 4:05 pm
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