On January 21, 1986, the Criminal Term court granted the defendant's motion to dismiss with respect to all counts except for the reckless endangerment charge, with leave to represent to a third Grand Jury. The reasoning by the court was that the prosecutor, when charging the Grand Jury with respect to the justification defense, incorrectly told the Grand Jury that they must consider whether Goetz's actions were those of a "reasonable man in [Goetz's] situation". The court held that this charge created an objective test of Goetz's beliefs. The court held that the test for whether the use of deadly force is justified should be entirely subjective, focused on the defendant's state of mind at the time of the incident. An additional reason given by the court for dismissal was that it was extremely likely that the Grand Jury based their decision on perjured testimony, pursuant to the Daily News article and the subsequent statement by the police officer.