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PEOPLE v. CADE

140 A.D.2d 99 (1988)

The People of the State of New York, Appellant, v. Mark Cade, Respondent

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

August 29, 1988

Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Andrew Zwerling of counsel), for appellant.

Kenneth Reiver for respondent.

MOLLEN, P. J., MANGANO and HARWOOD, JJ., concur.

BROWN, J.

We conclude on this appeal, inter alia, that a prosecutor's request to a Grand Jury to void its vote prior to the filing of an indictment is, for all intents and purposes, a withdrawal of the case from the Grand Jury's consideration and, hence, constitutes a dismissal under People v Wilkins (68 N.Y.2d 269, 996) such that the case may only be resubmitted...

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