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PEOPLE v. CRUZ

158 A.D.2d 706 (1990)

The People of the State of New York, Respondent, v. Jose Cruz, Appellant

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

February 26, 1990

Ordered that the judgment is affirmed.

The defendant's conviction arises out of his involvement in a so-called "buy and bust" operation in which cocaine was sold to an undercover officer. On appeal, the defendant argues that the judgment of conviction must be reversed based on the prosecutor's alleged failure to obtain leave from the court to resubmit the case to a different Grand Jury after the original indictment was dismissed...

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