People v. Cade
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Brown, J.
We conclude on this appeal, inter alia, that a prosecutor’s *100request to a Grand Jury to void its vote prior to the filing of an indictment is, for all intents and purposes, a withdrawal of the case from the Grand Jury’s consideration and, hence, constitutes a dismissal under People v Wilkins (68 NY2d 269, 996) such that the case may only be resubmitted to the same or another Grand Jury with the permission of the court (CPL 190.75 [3]).
The record indicates that the defendant was arrested on June 11, 1987, and charged with the July 1985 shotgun killing of one Darryl…
2Cases cited9 opinions
- People v. WilkinsNew York Court of Appeals · 1986
- People v. RodriguezNew York Court of Appeals · 1962
- Additional January 1979 Grand Jury of Albany Supreme Court v. DoeNew York Court of Appeals · 1980
- People v. . RosenthalNew York Court of Appeals · 1910
- In re June 1982 Grand Jury of the Supreme CourtAppellate Division of the Supreme Court of the State of New York · 1983
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- People v. CortesNew York Court of Appeals · 1992
- People v. CadeAppellate Division of the Supreme Court of the State of New York · 1988
- People v. RodriguezNew York Supreme Court · 1989
- People v. TaylorNew York Supreme Court · 1989
- People v. CortesAppellate Division of the Supreme Court of the State of New York · 1991
19 more not listed; retrieve them via the Exa API.