Resubmitting Charges to a Grand Jury In New York

In People v. Dykes (86 AD2d 191), the Appellate Division noted that an ex parte application for leave to resubmit had been made. Although the Appellate Division ultimately rejected the reasons proffered for resubmission to the Grand Jury, it did not note that an ex parte application was inappropriate. The purpose of the legislation requiring leave of the court prior to resubmitting a charge was to prevent prosecutorial abuse (People v. Wilkins, 68 NY2d 269). The requirement that the People obtain leave to resubmit was designed to curb prosecutors from resubmitting charges to a Grand Jury simply because they were not satisfied with the Grand Jury's vote.