Court of Appeals of New York

Conviction and sentencing of defendant for criminal sale of a controlled substance in the third degree and criminal sale of a controlled substance at or near school grounds are reversed where the withdrawal, by the prosecutor, of presented counts from a grand jury constituted a dismissal so that judicial authorization was required for a second presentment under CPL 190.75(3).

Appellate Information

• Decided 10/25/2011
• Published 10/25/2011

Judges

• LIPPMAN

Court

• Court of Appeals of New York

Counsel