“Alvin Bragg didn’t trust a grand jury to indict Daniel Penny for the death of Jordan Neely”
I am not defending Bragg; rather, I am pointing out that the author of the article (and many Freepers) knows nothing about constitutional law. Under both the US Constitution and NYS Constitution, Daniel Perry cannot be held to answer for a felony unless (a) he is indicted by a grand jury; or (b) waives the right to a grand jury. “Indictment” and “arrest,” however, are not the same thing. Under NY law a person can be charged with and arrested for a felony without a grand jury indictment, and indeed, that is the standard operating procedure. Once the defendant is arrested and arraigned on the criminal charge, the district attorney then has 180 days to obtain a grand jury indictment. If Perry wants his case to go to a grand jury, then Bragg will have no choice unless he reduces the felony charge to a misdemeanor. Its that simple.
Thanks, re New York law.