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PEOPLE v. JOSE C.

127 Misc.2d 689 (1985)

The People of the State of New York, Plaintiff, v. Jose C. and Elvis R., Defendants.

Supreme Court, Criminal Term, New York County.

March 11, 1985

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (James H. Fogel and Kristine Hamann of counsel), for plaintiff. Valerie J. VanLeer-Greenberg for Jose C., defendant. Seymour Ostrow for Elvis R., defendant.

STEPHEN G. CRANE, J.

The People moved pursuant to CPL 190.75 (3) for authorization to resubmit to another Grand Jury the charges that the Fourth February-March Grand Jury had dismissed against defendants Jose C. and Elvis R.1 The standards the court must apply in deciding whether to grant this motion were summarized in People v Dykes (86 A.D.2d 191, 195):

"[A] determination...

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