People v. McIntosh

Judgment, Supreme Court, New York County (Michael J. Obus, J., at dismissal motion; Laura A. Ward, J., at jury trial and sentence), rendered October 16, 2008, convicting defendant of assault in the second degree and sentencing her, as a second felony offender, to a term of five years, unanimously reversed, on the law, and the indictment dismissed, with leave to the People to apply for an order permitting resubmission of the charges to another grand jury.

We determined on the codefendant’s appeal (People v Davis, 72 AD3d 53 [2010]), the indictment was unauthorized because the prosecutor did not…