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PEOPLE v. ALVAREZ

155 Misc.2d 413 (1992)

The People of the State of New York, Plaintiff, v. Pedro Alvarez, Defendant.

Supreme Court, Queens County.

September 8, 1992

Attorney(s) appearing for the Case

Michael Vincent Ricci, Whitestone, for defendant. Richard A. Brown, District Attorney of Queens County, Kew Gardens (Barbara D. Underwood, John M. Castellano, Tammy J. Smiley and Roni C. Piplani of counsel), for plaintiff.

DAVID GOLDSTEIN, J.

This is a motion to dismiss the indictment as defective or, alternatively, in the interest of justice, pursuant to CPL 210.40. The case raises an issue of first impression, dealing with the continued viability and effect of a prior indictment, where a second Grand Jury, upon re-presentment by the District Attorney, has dismissed the same charges by voting no true bill (CPL 190.60 [4]; 190...

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