People v. Levy

In People v. Levy, 41 AD2d 948, 344 N.Y.S.2d 8 (2d Dept 1973), a single Grand Jury issued both a report under CPL 190.85 and an Indictment contemporaneously. In the case at bar, there were two separate and distinct Grand Juries, the first issued the August 22, 2007 report, and the second, handed up Indictment No. 09-061, following appeal wherein the Fourth Department specifically allowed for the re-presentment of the two charges that are the subject of the instant proceeding. People v. Connolly, 63 AD3d 1703, 1705, 881 N.Y.S.2d 257 (4th Dept 2009).