People v. Simmons

The defendant contends that the prosecutor acted without statutory authority when he resubmitted the case to the Grand Jury in the absence of court authorization. He urges that the conviction should be reversed, and the indictment dismissed. The Court of Appeals has concluded, however, that CPL 190.60 (4) and 190.75 (1) and (3) require permission to resubmit charges only where the Grand Jury hearing the evidence has rejected it as insufficient (see, People v Cade, 74 NY2d 410). On two occasions, the prosecutor resubmitted the instant case to the Grand Jury after it had voted to indict the…