People v. Wilkins

New York Court of Appeals · Decided 1986-10-21

Cited by 132 later decision(s) in our corpus · see the citation network in Lexace

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OPINION OF THE COURT Chief Judge Wachtler. This appeal requires us to determine whether a prosecutor may withdraw a case from the Grand Jury after presentation of the evidence, and resubmit the case to a second Grand Jury without the consent of either the first Grand Jury or the court which impaneled it. We conclude that such withdrawal is the equivalent of a dismissal by the first Grand Jury, and that the p…

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