ABSTRACT
In People v. Carter (1990), quoted above, the defendant had appealed his conviction of possession and sale of a controlled substance. It was later discovered that the assistant district attorney who presented the case before the grand jury was not admitted to the New York bar, a requirement to practice law in New York. The appellate court held that the fact that the assistant district attorney was not a lawyer did not result in a deprivation of the defendant’s constitutional due process rights. The majority of the justices in this case apparently ignored the fact that as a member of the bar, the prosecutor has certain ethical duties imposed upon him or her.
