People v. Tomaino
The defendant was convicted after a jury trial of second-degree murder in connection with his wife's death. The conviction was subsequently reversed on appeal, and the indictment dismissed, due to cumulative errors during the Grand Jury proceedings and an improper denial of the defendant's motion to dismiss based on preindictment delay. The appellate court found that while initial resubmission to a Grand Jury was justified by improper instructions given to the first Grand Jury, the Special Grand Jury suffered from prosecutorial misconduct including the introduction of prejudicial and irrelevant testimony. Furthermore, audio tests conducted during the execution of a search warrant were deemed unauthorized. The case was remanded with leave for the People to apply for an order permitting resubmission of the charge to another Grand Jury.