People v. McIntosh

When this case was originally before us, we held among other things that the trial court had erred in denying defendant’s motion to dismiss the indictment. Relying on our rationale in People v Davis (72 AD3d 53 [2010]), we found that the indictment was unauthorized because the People, after withdrawing the presentation of the case to the grand jury, failed to obtain court authorization pursuant to CPL 190.75 (3) before re-presenting the case to a second grand jury. We dismissed the indictment but granted the People leave to apply for a court order permitting them to resubmit the charges to a…