Case Detail
CitationPeople v. Dinkins, 962 N.Y.S.2d 79 (N.Y. App. Div. 2013)
CrimeNon-violent, other
StateNY
Pros. First NameCyrus
Pros. Last NameVance
FederalNo
Trial Year2010
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's improper re–submission of a charge to the second grand jury warranted vacatur of the guilty plea and dismissal of the second indictment. "Defendant's guilty plea does not preclude his claim, and his failure to preserve it does not preclude our review, because the prosecution's noncompliance with CPL 190.75(3) is a jurisdictional defect [citations omitted]. The prosecution's failure to adhere to the statutory procedure 'affect[ed] the jurisdiction of the court, and as such appellate review thereof was neither waived nor forfeited by the defendant' [citations omitted]."
Determination YearUKN
Misconduct TypePT: Charging
C/S EffectDismissal
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/In%20NYCO%2020130305377