§ 190.75 Grand jury; dismissal of charge.\n 1. If upon a charge that a designated person committed a crime,\neither (a) the evidence before the grand jury is not legally sufficient\nto establish that such person committed such crime or any other offense,\nor (b) the grand jury is not satisfied that there is reasonable cause to\nbelieve that such person committed such crime or any other offense, it\nmust dismiss the charge. In such case, the grand jury must, through its\nforeman or acting foreman, file its finding of dismissal with the court\nby which it was impaneled.\n 2. If the defendant was previously held for the action of the grand\njury by a local criminal court, the superior court to which such\ndismissal is presented must order the defendant released from custody if\nhe is in the custody of the sheriff, or, if he is at liberty on bail, it\nmust exonerate the bail.\n 3. When a charge has been so dismissed, it may not again be submitted\nto a grand jury unless the court in its discretion authorizes or directs\nthe people to resubmit such charge to the same or another grand jury.\nIf in such case the charge is again dismissed, it may not again be\nsubmitted to a grand jury.\n 4. Whenever all charges against a designated person have been so\ndismissed, the district attorney must within ninety days of the filing\nof the finding of such dismissal, notify that person of the dismissal by\nregular mail to his last known address unless resubmission has been\npermitted pursuant to subdivision three of this section or an order of\npostponement of such service is obtained upon a showing of good cause\nand exigent circumstances.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.