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Mr. Corletta obtains Dismissal of Indictment for Predicate Felon/Parolee due to Evidentiary Mistakes by District Attorney at Grand Jury.

 

Precisely analyzing the evidence and applying the Rules of Evidence to Grand Jury proceedings as required by law, Mr. Corletta made a highly technical Motion to Dismiss based upon defective Grand Jury evidence in People v. B.J. (Orleans Co. Ct., 6/1/20).

          In that case, Mr. Corletta's client, a convicted felon, was arrested for a string of thefts in Walmarts in adjoining counties. Mr. Corletta was retained on one set of charges. Other attorneys represented Defendant in the other counties, but did not achieve the same result.

          Mr. Corletta carefully analyzed the Grand Jury evidence implicating his client and noted it was riddled with hearsay, and “video” evidence, purportedly implicating his client, that was not properly authenticated, or even admitted.

          Carefully researching the caselaw, Mr. Corletta filed and served a Motion to Dismiss the Indictment, and then effectively argued it in Court. The District Attorney (and Defendant’s parole officer) was seeking a plea and a predicate felon State Prison sentence.

          Instead, the Court agreed with Mr. Corletta that the evidence was not properly authenticated and dismissed the Indictment, saving his client a sure return trip to State Prison. Hopefully, the client, who is still facing other charges and a parole violation, will utilize this opportunity to obtain a favorable disposition in the other cases.

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