PEOPLE v. NEAL


231 A.D.2d 470 (1996)

647 N.Y.S.2d 506

The People of the State of New York, Respondent, v. Terrell Neal, Appellant

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

September 26, 1996


Defendant's motion for dismissal of the indictment, on the ground that the case was resubmitted to the Grand Jury without the prosecutor's compliance with the provisions of CPL 190.75 (3), was properly denied. The record indicates that the case against defendant was not resubmitted to the Grand Jury by the prosecutor after an initial vote of no true bill (which would require permission of the court, pursuant to CPL 190.75 [3]), but rather was merely reconsidered by the Grand...

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