People v. Morrison
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*399Judgment, Supreme Court, Bronx County (Steven Lloyd Barrett, J., on dismissal motion; Dominic R. Massaro, J., at jury trial and sentence), rendered August 6, 2003, convicting defendant of reckless endangerment in the first degree, and sentencing him to a term of 1 to 3 years,, unanimously affirmed.
The People were not required to obtain the court’s permission to re-present defendant’s case to a second grand jury (see CPL 190.75 [3]), because “[t]he fact that there were neither 12 votes to indict nor 12 votes to dismiss [at the first grand jury] was not the equivalent of a dismissal” (People v…
2Cases cited2 opinions
- People v. AaronsNew York Court of Appeals · 2004
- People v. MedinaAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by2 opinions
- People v. MiltonAppellate Division of the Supreme Court of the State of New York · 2007
- People v. HutchinsonCriminal Court of the City of New York · 2016