In People v. Hemstreet (234 AD2d 609 [2d Dept 1996]), a grand jury commenced an investigation into the death of one Kenneth Hiep. After explaining to the jurors that no one had yet been charged with a crime and that they would decide at the conclusion of the evidence whether one or more people should be charged, the prosecutor presented evidence as to the guilt of Hemstreet and another individual, Patrick Bentz. Ultimately, the prosecutor, noting that the investigation was continuing, asked the grand jury to consider a charge of murder in the second degree only against Bentz. One year later, the People admittedly presented a "virtually identical" case against Hemstreet to a second grand jury without seeking leave of court. The defendant then moved to dismiss the indictment on the ground that the prosecutor's withdrawal of the case from the first grand jury and the resubmission of the case to a subsequent grand jury without seeking leave of court violated section 190.75 (3). The trial court denied the motion. The Second Department reversed: "Where, as here, the prosecution has withdrawn an essentially completed case from the Grand Jury prior to any action having been taken by that body, the result will be deemed the functional equivalent of a dismissal under CPL 190.60 (4), and the prosecutor cannot resubmit the matter to a second Grand Jury without leave of court under CPL 190.75 (3) " (Hemstreet, 234 AD2d at 610.)