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PEOPLE v. CREDLE

1269, 1951/06.

66 A.D.3d 572 (2009)

887 N.Y.S.2d 90

2009 NY Slip Op 7511

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONDI CREDLE, Appellant.

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

Decided October 22, 2009.

After a first grand jury presentation resulted in insufficient votes for either an indictment or a dismissal, 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 there was neither a prevote withdrawal nor a dismissal (see People v Morrison, 34 A.D.3d 398, 399 [2006], lv denied 8 N.Y.3d 948 [2007]). "[I]n order to dismiss a...

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