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This entry was published on 2014-09-22
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SECTION 190.75
Grand jury; dismissal of charge
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE I, ARTICLE 190
§ 190.75 Grand jury; dismissal of charge.

1. If upon a charge that a designated person committed a crime,
either (a) the evidence before the grand jury is not legally sufficient
to establish that such person committed such crime or any other offense,
or (b) the grand jury is not satisfied that there is reasonable cause to
believe that such person committed such crime or any other offense, it
must dismiss the charge. In such case, the grand jury must, through its
foreman or acting foreman, file its finding of dismissal with the court
by which it was impaneled.

2. If the defendant was previously held for the action of the grand
jury by a local criminal court, the superior court to which such
dismissal is presented must order the defendant released from custody if
he is in the custody of the sheriff, or, if he is at liberty on bail, it
must exonerate the bail.

3. When a charge has been so dismissed, it may not again be submitted
to a grand jury unless the court in its discretion authorizes or directs
the people to resubmit such charge to the same or another grand jury.
If in such case the charge is again dismissed, it may not again be
submitted to a grand jury.

4. Whenever all charges against a designated person have been so
dismissed, the district attorney must within ninety days of the filing
of the finding of such dismissal, notify that person of the dismissal by
regular mail to his last known address unless resubmission has been
permitted pursuant to subdivision three of this section or an order of
postponement of such service is obtained upon a showing of good cause
and exigent circumstances.