The following excerpt is from People v. Fountain, 2017 NY Slip Op 30674 (U) (N.Y. Cty. Ct. 2017):
With regard to the question of defenses, not every plea defense suggested by the evidence must be charged to the Grand Jury. Rather, whether a particular defense needs to be charged depends upon its potential for eliminating a needless or unfounded prosecution. People v. Lancaster, 69 N.Y.2d 20, 27; People v. Valles, 62 N.Y.2d 36, 38.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.