People v. Franco
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
PlZZUTO, J.
We are presented with the novel question of whether an indictment must be dismissed when the identical charges are re-presented in a subsequent Grand Jury proceeding and rejected. In this case, after the first Grand Jury voted a true bill against the defendant and an indictment was filed, the prosecution commenced a subsequent Grand Jury proceeding in an effort to indict the defendant on additional charges. However, rather than submitting only the additional charges to the second Grand Jury, the prosecutor opted to also represent the charges which had been…
2Cases cited13 opinions
- Holtzman v. GoldmanNew York Court of Appeals · 1988
- People v. IannoneNew York Court of Appeals · 1978
- People v. PelchatNew York Court of Appeals · 1984
- People v. FordNew York Court of Appeals · 1984
- People v. GoodmanNew York Court of Appeals · 1972
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3Cited by6 opinions
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 1994
- People v. WesleyNew York Supreme Court · 1994
- People v. AlvarezAppellate Division of the Supreme Court of the State of New York · 1994
- People v. AaronsAppellate Division of the Supreme Court of the State of New York · 2003
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 1994
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