People v. Harper

Appeal by the defendant from a judgment of the County Court, Suffolk County (Lefkowitz, J.), rendered October 6, 1995, convicting him of grand larceny in the fourth degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is reversed, on the law, the plea of guilty is vacated, the indictment is dismissed, and the matter is remitted to the County Court, Suffolk County, for the entry of an order in its discretion pursuant to CPL 160.50.

The People do not have the authority to resubmit charges which are the subject of a reduction order to a Grand Jury more than 30 days…