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PEOPLE v. FRANCO

86 N.Y.2d 493 (1995)

657 N.E.2d 1321

634 N.Y.S.2d 38

The People of the State of New York, Appellant, v. Gus Franco, Respondent. The People of the State of New York, Appellant, v. Pedro Alvarez, Respondent. The People of the State of New York, Appellant, v. Angela Jones, Respondent.

Court of Appeals of the State of New York.

Decided November 1, 1995.

Attorney(s) appearing for the Case

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Nicoletta J. Caferri and Steven J. Chananie of counsel), for appellants in the first and second above-entitled actions.

Harold Borg, Kew Gardens, and Edwin Ira Schulman for respondent in the first above-entitled action.

Respondent, precluded in the second above-entitled action.

Robert M. Morgenthau, District Attorney of New York County, New York City (Robert M. Raciti and Mark Dwyer of counsel), for appellant in the third above-entitled action.

Kaye, Scholer, Fierman, Hays & Handler, New York City (Peter M. Fishbein and Carlton E. Thompson of counsel), and E. Joshua Rosenkranz for respondent in the third above-entitled action.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.

CIPARICK, J.

CPL 210.20 (1) (h) permits dismissal of an indictment, upon motion by the defendant, where there exists a "legal impediment" to conviction. When the People elect to re-present charges to a second Grand Jury which are already contained in an indictment voted by a prior Grand Jury, and the second Grand Jury returns a "no true bill" following the re-presentment,

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