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PEOPLE v. SMITH

No. 123.

30 N.Y.3d 626 (2017)

2017 NY Slip Op 08798

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DWIGHT SMITH, Respondent.

Court of Appeals of New York.

Decided December 19, 2017.

Attorney(s) appearing for the Case

Darcel D. Clark , District Attorney, Bronx ( Ramandeep Singh , Nancy D. Killian and Rafael Curbelo of counsel), for appellant.

Robert S. Dean , Center for Appellate Litigation, New York City ( Matthew Bova of counsel), for respondent.

Chief Judge DiFIORE and Judges WILSON and FEINMAN concur; Judge GARCIA dissents in an opinion, in which Judges STEIN and FAHEY concur.

OPINION OF THE COURT

The People appeal an order by the Appellate Division that reversed a judgment by Supreme Court, vacated defendant's pleas, and dismissed the defendant's indictment without prejudice, allowing the People to re-present any appropriate charges to another grand jury (People v Smith, 143...

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