People v. Credle

OPINION OF THE COURT

Chief Judge Lippman.

Criminal Procedure Law § 190.75 (3) provides that once charges submitted to a grand jury have been dismissed, “[they] *558may not again be submitted to a grand jury unless the court in its discretion authorizes or directs the people to resubmit such charge[s] to the same or another grand jury.” Although the statute, read literally, requires the People to obtain judicial permission for the resubmission of charges only where the charges have been actually dismissed, it has long been the law that a charge may, under certain circumstances, be deemed “dismissed”…