Panel Faults Prosecutors in Granting New Trial
A man serving a 25-year sentence will get a new trial because Bronx prosecutors failed to obtain leave from the court before re-presenting his case to a grand jury, leading to an unlawful murder charge, an appeals court has ruled.
July 07, 2017 at 04:01 PM
4 minute read
A man serving a 25-year sentence will get a new trial because Bronx prosecutors failed to obtain leave from the court before re-presenting his case to a grand jury, leading to an unlawful murder charge, an appeals court has ruled.
A 4-1 panel of the Appellate Division, First Department, reversed Doran Allen's 2014 conviction for first-degree manslaughter on Thursday. The majority said the murder charge “lacked jurisdictional legitimacy,” and violated Allen's “constitutional right to be tried for a felony only upon a valid indictment.”
Although Allen was ultimately acquitted of murder, “the charge's presence loomed over the trial, and in some way influenced the verdict,” said Justices Rolando Acosta, Sallie Manzanet-Daniels, Angela Mazzarelli and Judith Gische in the unsigned decision.
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