The motion court erred in dismissing the indictment on the ground that the Grand Jury's initial failure to vote a true bill constituted a dismissal requiring the People to obtain leave to re-present. The fact that there were neither 12 votes to indict nor 12 votes to dismiss was not the equivalent of a dismissal (People v Foster,
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PEOPLE v. MEDINA
283 A.D.2d 250 (2001)
724 N.Y.S.2d 605
THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. CARLOS MEDINA, Respondent.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided May 15, 2001.
Decided May 15, 2001.
Appellate Division of the Supreme Court of the State of New York, First Department.
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