New York statute
N.Y. Criminal Procedure Law § 190.75 — Grand jury; dismissal of charge
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 190: The Grand Jury and Its Proceedings, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 190.75
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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.
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This reference is informational and is not legal advice.