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PEOPLE v. BARNES

15 A.D.3d 195 (2005)

788 N.Y.S.2d 609

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JACKIE BARNES, Appellant.

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

February 3, 2005.

Based on its review of the prosecutor's affirmations and the grand jury minutes, the dismissal motion court properly concluded that the grand jury's reconsideration of its "no true bill" was truly sua sponte within the meaning of People v Montanez (90 N.Y.2d 690 [1997]). Defendant did not raise a factual issue requiring an evidentiary...

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