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PEOPLE v. McCOY

6595, 50/08.

109 A.D.3d 708 (2013)

974 N.Y.S.2d 6

2013 NY Slip Op 5854

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT McCOY, Appellant.

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

Decided September 17, 2013.

In previously affirming defendant's conviction (91 A.D.3d 537 [1st Dept 2012]), we rejected as unpreserved his argument that the People had violated CPL 190.75 (3) by re-presenting the attempted assault charges to a new grand jury, without court authorization, after a previous grand jury had adjourned without taking affirmative action on those charges (91 AD3d at 537). Thereafter, in a different case, we held that a claim of error under...

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