People v. Franco

OPINION OF THE COURT

Ciparick, J.

CPL 210.20 (1) (h) permits dismissal of an indictment, upon motion by the defendant, where there exists a "legal impediment” to conviction. When the People elect to re-present charges to a second Grand Jury which are already contained in an indictment voted by a prior Grand Jury, and the second Grand Jury returns a "no true bill” following the re-present ment, the second Grand Jury’s determination creates a legal impediment to conviction of defendant under CPL 210.20 (1) (h), requiring dismissal of the indictment. Accordingly, we conclude that dismissal of the…