N.Y. Criminal Procedure Law § 190.75: Grand jury; dismissal of charge

§ 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.