People v. Fantucci

OPINION OF THE COURT

Herbert J. Lipp, J.

The People have submitted a proposed order, pursuant to CPL 190.75 (3), seeking leave of the court to resubmit the charges in the instant matter to a second Grand Jury panel. *444Counsel for the defendant, Julian Fantucci, appeared before this court and objected to the proposed resubmission.

At issue herein is whether this court should grant the People leave to resubmit the pending charges to a second Grand Jury panel despite the case having been "dismissed” after the initial Grand Jury presentation as the result of the People’s failure to charge the Grand…