People v. Jose C.

OPINION OF THE COURT

Stephen G. Crane, J.

The People moved pursuant to CPL 190.75 (3) for authorization to resubmit to another Grand Jury the charges that the Fourth February-March Grand Jury had dismissed against defendants Jose C. and Elvis R1 The standards the court must apply in deciding whether to grant this motion were summarized in People v Dykes (86 AD2d 191, 195):

“[A] determination by the Grand Jury that the evidence before it does not warrant an indictment should end the matter and there should not be a resubmission unless it appears, for example, that new evidence has been discovered…