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PEOPLE v. MORRISON

34 A.D.3d 398 (2006)

823 N.Y.S.2d 898

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWAYNE MORRISON, Appellant.

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

Decided November 30, 2006.

The People were not required to obtain the court's permission to re-present defendant's case to a second grand jury (see CPL 190.75 [3]), because "[t]he fact that there were neither 12 votes to indict nor 12 votes to dismiss [at the first grand jury] was not the equivalent of a dismissal" (People v Medina, 283 A.D.2d 250 [2001]; see also People v Aarons, 2 N.Y.3d 547 [2004]). To the...

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