PEOPLE v. MITCHELL


303 A.D.2d 422 (2003)

755 N.Y.S.2d 867

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM MITCHELL, Appellant.

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

Decided March 3, 2003.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the People's resubmission of the charges to the grand jury after the initial dismissal of the indictment pursuant to CPL 210.20 (1) (c) was timely. The record does not support the defendant's claim that the order granting the People the right to re-present the charges to the grand jury had set forth any particular deadline by which to do so.

The defendant failed to preserve for...

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