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PEOPLE v. FELIZ

166 Misc.2d 982 (1996)

638 N.Y.S.2d 281

The People of the State of New York, Plaintiff, v. Louis Feliz, Defendant.

Supreme Court, New York County.

January 22, 1996

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Robert M. Baum and Beth Unger of counsel), for defendant. Robert M. Morgenthau, District Attorney of New York County, New York City (Elizabeth C. Brennan of counsel), for plaintiff.

HERBERT J. ADLERBERG, J.

The defendant moves to dismiss the instant indictment upon grounds set forth in CPL 190.75 in that Justice George Roberts abused his discretion in authorizing a resubmission of identical charges to a different Grand Jury after the first Grand Jury had voted a no true bill.

The defendant was arrested on June 21, 1995 and charged with the crimes of grand larceny in the fourth...

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