People v. Morris

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant was charged with two counts of robbery in the second degree (Penal Law § 160.10 [1], [2] [b]). Because the evidence before the Grand Jury was not legally sufficient to establish the offenses charged, Supreme Court dismissed the indictment pursuant to CPL 210.20 (1) (b), granting leave to resubmit to another Grand Jury. Upon a second presentation, which included two additional charges for attempted robbery (Penal Law §§ 110.00, 160.10 [1], [2] [b]) and the testimony of an additional witness, the…