People v. Nolan

Indictment charged Defendant with possessing cannabis with intent to deliver. Court erred in dismissing indictment on basis of prosecutor presenting grand jury with false or misleading evidence. Under the facts, Defendant's testimony did not warrant dismissing the indictment. The only evidence that sheriff's deputy's grand-jury testimony was false was Defendant's self-serving testimony in which he recalled the conversation with the deputy differently. No admission by State or documentary evidence established that the grand-jury testimony was inaccurate.Prosecutor's leading questions to deputy does not warrant dismissal. (McLAREN and HUDSON, concurring.)