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PEOPLE v. CAMPBELL

No. 0044/2014

43 Misc.3d 809 (2014)

986 N.Y.S.2d 918

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. LLOYDIE CAMPBELL, Defendant.

Supreme Court, Bronx County.

Decided April 10, 2014.

Attorney(s) appearing for the Case

The Bronx Defenders ( Shane Kelly of counsel) for defendant.

Robert T. Johnson, District Attorney ( Miriam O'Sullivan of counsel), for plaintiff.

OPINION OF THE COURT

RALPH A. FABRIZIO, J.

In this decision pursuant to defendant's application to dismiss the indictment, the court is faced with what appears to be an issue of first impression in any published decision: whether it was proper for the People, upon learning they had not voted either to indict or dismiss, to ask the grand jury to recommence their deliberations by reading an instruction modeled on one approved to be given to a deadlocked petit...

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