Defendant Deprived of his Right to Testify Before Grand Jury Vote
July 3, 2014
Mr. Ellison was scheduled to testify before the grand jury on June 8, 2010 and had provided notice to the People that he planned to do so. He had complied with all statutory procedures in a timely manner.
Nonetheless, the People presented Mr. Ellison's case to the grand jury on June 7, 2010, without letting him know the date had changed. Mr. Ellison did not get to testify before the grand jury voted.
The Appellate Division held that because Mr. Ellison was deprived of this opportunity to testify before the grand jury voted, his conviction must be reversed, and the indictment dismissed. The People, however, will be allowed to re-present the charges against Mr. Ellison to another grand jury.
Anna Pervukhin briefed and argued the case.