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PEOPLE v. SHERVINGTON

157 A.D.2d 678 (1990)

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

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

January 8, 1990

Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the prosecutor was not required to seek permission of the court prior to resubmitting charges to a Grand Jury after a previously voted true bill had been vacated at the prosecutor's request.

The record reveals that after obtaining an indictment charging the defendant with murder in the second degree, the prosecutor requested that the grand jurors vacate the true bill

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