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PEOPLE v. McINTOSH

2731, 6148/06

91 A.D.3d 512 (2012)

937 N.Y.S.2d 30

2012 NY Slip Op 289

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 January 19, 2012.

When this case was originally before us, we held among other things that the trial court had erred in denying defendant's motion to dismiss the indictment. Relying on our rationale in People v Davis (72 A.D.3d 53 [2010]), we found that the indictment was unauthorized because the People, after withdrawing the presentation of the case to the grand jury, failed to obtain court authorization pursuant to CPL 190.75 (3) before re-presenting...

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