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PEOPLE v. JONES

206 A.D.2d 82 (1994)

The People of the State of New York, Respondent, v. Angela Jones, Appellant

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

November 15, 1994

Attorney(s) appearing for the Case

Peter M. Fishbein of counsel, New York City (Carlton E. Thompson on the brief; E. Joshua Rosenkranz, and Kaye, Scholer, Fierman, Hays & Handler, attorneys), for appellant.

Robert M. Raciti of counsel, New York City (Mark Dwyer on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

CARRO and KUPFERMAN, JJ., concur with TOM, J; SULLIVAN, J. P., and NARDELLI, J., dissent in a separate opinion by SULLIVAN, J. P.

TOM, J.

The novel issue now being presented in this Department is whether a second Grand Jury's vote of "no true bill" to the People's re-presentment of charges contained in an earlier indictment supersedes and nullifies the original indictment.

Testimony educed at trial reveals that defendant Angela Jones, an admitted crack addict, became involved in a relationship with 62-year-old Edmund Clarke. In...

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