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After his first trial ended in mistrial, Thompson was convicted at his second trial and sentenced to 25 years to life in prison.
Lippman said in his dissent that it is the grand jury—not the prosecution—that has the "broad and autonomous" power to decide what witnesses it hears from under CPL 190.50.
"Here, the presenting prosecutors lost sight of these limitations and, in so doing, impermissibly substituted their discretion for that legally committed to the grand jury," Lippman wrote.
He added that the prosecution's attitude toward calling the female witness "deprived the grand jury of potentially outcome-determinative information essential to the discharge of its core constitutional obligation."
Lippman and his fellow dissenters, Smith and Rivera, said the indictment should have been dismissed, with leave for the prosecution to re-present.
Assistant Staten Island District Attorney Anne Grady argued for the prosecution.
Warren Landau of Appellate Advocates argued for Thompson.
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