People v. Alvarez

OPINION OF THE COURT

David Goldstein, J.

This is a motion to dismiss the indictment as defective or, *414alternatively, in the interest of justice, pursuant to CPL 210.40. The case raises an issue of first impression, dealing with the continued viability and effect of a prior indictment, where a second Grand Jury, upon re-presentment by the District Attorney, has dismissed the same charges by voting no true bill (CPL 190.60 [4]; 190.75 [1]).

Defendant was charged, by an indictment filed October 28, 1991, with attempted murder, attempted rape and assault, first and second degrees, relating to an…