The People sought an indictment for grand larceny in the fourth degree (four counts) and jostling (five counts), following which they filed a certificate of affirmative grand jury action with respect to the three counts of jostling and informed the court that the grand jury had taken no action on the grand larceny counts. Without obtaining leave of court, the prosecutor presented the case to a second grand jury, which returned an indictment on the four grand larceny counts...
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