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PEOPLE v. GELMAN

93 N.Y.2d 314 (1999)

712 N.E.2d 686

690 N.Y.S.2d 520

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREGORY GELMAN, Appellant.

Court of Appeals of the State of New York.

Decided May 11, 1999.

Attorney(s) appearing for the Case

Wendy Fleishman, New York City, Mark Cheffo and Sina Toussi for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Patricia Curran and Alan Gadlin of counsel), for respondent.

Malvina Nathanson, New York City, for New York State Association of Criminal Defense Lawyers, amicus curiae.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and ROSENBLATT concur.

OPINION OF THE COURT

WESLEY, J.

The primary issue on this appeal is whether a prosecutor's withdrawal of a case from a Grand Jury should be deemed a dismissal requiring judicial intervention before the case may be submitted to another Grand Jury (see, CPL 190.75). In People v Wilkins (68 N.Y.2d 269), this Court held that withdrawal of charges after the People...

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