New York Court of Appeals
The People of the State of New York v. Mark Cade
October 24, 198974 N.Y.2d 410
Summary
The New York Court of Appeals held that a prosecutor may resubmit charges to the same Grand Jury after a true bill vote without court authorization under CPL 190.75, and therefore the second true bill and indictment are valid; the Court reversed the Appellate Division and reinstated the indictment. Justice Kaye, Alexander and Titone dissented, arguing the practice is unauthorized and should be treated as a dismissal.