PEOPLE v. HEPBURN


55 A.D.2d 627 (1976)

The People of the State of New York, Appellant, v. John Hepburn, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 13, 1976


Order modified, as a matter of discretion in the interest of justice, by adding thereto a provision permitting the People to resubmit the charges against the defendant to the Grand Jury. As so modified, order affirmed.

While we believe that, under the circumstances presented, the Criminal Term acted properly in dismissing the indictment, we also believe that the People should have been permitted to resubmit the charges to the...

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