By Nathan Duke
In her ruling, Queens Supreme Court Justice Sherri Roman said that evidence presented to the grand jury was “legally sufficient to support each and every one of the counts charged.”
But the court also found that grand jury proceedings were “impaired to such an extent that prejudice to the defendant clearly resulted,” causing Roman to dismiss the indictment against Gallagher.
“We are obviously very pleased with the court's decision to dismiss all criminal charges,” said Benjamin Brafman, Gallagher's attorney. “We are confident we will be able to convince the district attorney's office not to present evidence.”
But DA Richard Brown said his office would move forward with a second grand jury proceeding.
