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PEOPLE v. SMITH

159 Misc.2d 77 (1993)

602 N.Y.S.2d 999

The People of the State of New York, Plaintiff, v. Harold Smith, Defendant.

Supreme Court, New York County.

August 16, 1993

Attorney(s) appearing for the Case

Parker, Ollen & Carmody, New York City (Daniel Parker of counsel), for defendant. Robert M. Morgenthau, District Attorney of New York County, New York City (Catherine Mullen of counsel), for plaintiff.

FREDERIC S. BERMAN, J.

If, after having heard a case, a Grand Jury votes a no true bill, yet sua sponte votes to reconsider the case, and eventually returns an indictment, is the indictment invalid because the People, prior to such reconsideration, failed to obtain judicial leave to re-present the case under CPL 190.75 (1)?

On or about June 15, 1993, a Grand Jury voted an indictment charging...

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