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PEOPLE v. McINTOSH

2731, 6148/06

73 A.D.3d 653 (2010)

901 N.Y.S.2d 267

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FAYOLA McINTOSH, Appellant.

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

Decided May 27, 2010.

We determined on the codefendant's appeal (People v Davis, 72 A.D.3d 53 [2010]), the indictment was unauthorized because the prosecutor did not obtain permission to present the case to a second grand jury. The People have not shown any basis for reaching a different result here. As we noted in Davis (72 AD3d at 62), the victim's testimony at the first grand jury presentation that the codefendant "swiped an object in front...

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