Defendant's motion to dismiss the indictment based on purported violations of CPL 190.75 (3) was properly denied. After the Grand Jury voted a no true bill with respect to defendant, his codefendant exercised his right to testify before the Grand Jury and unexpectedly implicated defendant in the crime. This did not constitute a resubmission of the case against defendant. Immediately following the codefendant's testimony, the prosecutor properly sought and received approval...
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