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PEOPLE v. CREDLE

No. 149

17 N.Y.3d 556 (2011)

934 N.Y.S.2d 77

958 N.E.2d 111

2011 NY Slip Op 7473

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

Court of Appeals of New York.

Decided October 25, 2011.

Attorney(s) appearing for the Case

( Jonathan M. Kirshbaum , and Robert S. Dean , of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Beth Fisch Cohen , Ellen Stanfield Friedman , and Susan Axelrod , of counsel), for respondent.

Order reversed, etc.

OPINION OF THE COURT

Chief Judge LIPPMAN.

Criminal Procedure Law § 190.75 (3) provides that once charges submitted to a grand jury have been dismissed, "[they] may not again be submitted to a grand jury unless the court in its discretion authorizes or directs the people to resubmit such charge[s] to the same or another grand jury." Although the statute, read literally, requires the People to obtain judicial...

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