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PEOPLE v. PEREZ

7866. 1463/14.

167 A.D.3d 479 (2018)

87 N.Y.S.3d 884

2018 NY Slip Op 08547

The People of the State of New York, Respondent, v. Rafael Perez, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 13, 2018.

Under the circumstances of the case, the indictment under which defendant pleaded guilty was defective because the People failed to seek judicial permission before re-presenting the case to another grand jury (see CPL 190.75 [3]).

Where, as here, an indictment is defective, the judgment must ordinarily be reversed, defendant's plea vacated and the indictment dismissed with leave granted to the People to apply for...

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