Legal Opinion

People v. Morrison

Appellate Division of the Supreme Court of the State of New York

Decided November 30, 2006PublishedCited by 2 opinions

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

  1. People v. AaronsNew York Court of Appeals · 2004
  2. People v. MedinaAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by2 opinions

  1. People v. MiltonAppellate Division of the Supreme Court of the State of New York · 2007
  2. People v. HutchinsonCriminal Court of the City of New York · 2016

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