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  5. 68 N.Y.2d 269 (1986)
 

PEOPLE v. WILKINS

68 N.Y.2d 269 (1986)

The People of the State of New York, Respondent, v. Curtis Wilkins, Also Known as Curtis Williams, Appellant.

Court of Appeals of the State of New York.

Decided October 21, 1986.

Attorney(s) appearing for the Case

Michael A. Gross and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney (Susan Corkery and Amyjane Rettew of counsel), for respondent.

Judges MEYER, KAYE and TITONE concur with Chief Judge WACHTLER; Judge HANCOCK, JR., dissents and votes to affirm in a separate opinion in which Judges SIMONS and ALEXANDER concur.

Chief Judge WACHTLER.

This appeal requires us to determine whether a prosecutor may withdraw a case from the Grand Jury after presentation of the evidence, and resubmit the case to a second Grand Jury without the consent of either the first Grand Jury or the court which impaneled it. We conclude that such withdrawal is the equivalent of a dismissal by the first Grand Jury, and that the prosecution may only resubmit...

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