People v. Franco

OPINION OF THE COURT

Randall T. Eng, J.

Defendant moves to dismiss the instant indictment on the *115grounds that there presently exists a jurisdictional or legal impediment to the conviction of the defendant for the crimes charged (CPL 210.20 [1] [h]). This motion has become timely at this stage of the proceedings due to the resubmission of the evidence in this case by the District Attorney to a second Grand Jury, which resulted in a finding of no true bill as to all counts. The effect of that action on the instant charges is the matter now in issue. Were this situation truly one of first…