People v. Smith

OPINION OF THE COURT

Frederic S. Berman, J.

If, after having heard a case, a Grand Jury votes a no true bill, yet sua sponte votes to reconsider the case, and eventually returns an indictment, is the indictment invalid because *78the People, prior to such reconsideration, failed to obtain judicial leave to re-present the case under CPL 190.75 (1)?

On or about June 15, 1993, a Grand Jury voted an indictment charging the defendant, Harold Smith, with one count of grand larceny in the fourth degree under Penal Law § 155.30 (5).

Subsequently, in writing, the defendant moved for the dismissal of the…