PEOPLE v. FRANCO


196 A.D.2d 357 (1994)

The People of the State of New York, Appellant, v. Gus Franco, Respondent

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

April 11, 1994


Attorney(s) appearing for the Case

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Barbara D. Underwood, Steven J. Chananie and Nicoletta J. Caferri of counsel), for appellant.

Harold Borg, Kew Gardens (Edwin Ira Schulman on the brief), for respondent.

ROSENBLATT, J. P., MILLER and LAWRENCE, JJ., concur.


PIZZUTO, J.

We are presented with the novel question of whether an indictment must be dismissed when the identical charges are re-presented in a subsequent Grand Jury proceeding and rejected. In this case, after the first Grand Jury voted a true bill against the defendant and an indictment was filed, the prosecution commenced a subsequent Grand Jury proceeding in an effort to indict the defendant on additional...

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