People v. Martinez

Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered August 5, 2014, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second drug felony offender previously convicted of a violent felony, to a term of six years, unanimously affirmed.

The court properly exercised its discretion in granting the People’s motion to resubmit the charge to a second grand jury, since “[t]he fact that after the first submission there were insufficient votes to either indict or dismiss was a legitimate…