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PEOPLE v. MARTIN

71 A.D.2d 928 (1979)

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

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

August 20, 1979

Order reversed insofar as appealed from, on the law, and indictment reinstated.

The defendant was charged with the death of John Columbo. The matter was first presented to a Grand Jury in July, 1976 but it failed to find a true bill. In April, 1978 the People, by ex parte application pursuant to CPL 190.75 (subd 3), moved for an order permitting resubmission of the charges to a second Grand Jury. The District Attorney based his application on the ground that newly...

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