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PEOPLE v. ALLEN

No. 137.

32 N.Y.3d 611 (2018)

118 N.E.3d 897

94 N.Y.S.3d 235

2018 NY Slip Op 08537

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DORAN ALLEN, Respondent.

Court of Appeals of New York.

Decided December 13, 2018.

Attorney(s) appearing for the Case

Darcel D. Clark , District Attorney, Bronx ( Justin J. Braun , Nancy D. Killian and Rafael Curbelo of counsel), for appellant.

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

OPINION OF THE COURT

Criminal Procedure Law § 190.75 (3) provides that if a grand jury has dismissed a charge presented to it, that charge

"may not again be submitted to a grand jury unless the court in its discretion authorizes or directs the people to resubmit such charge to the same or another grand jury. If...

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