New York Consolidated Laws

N.Y. Criminal Procedure Law § 190.75 (2026)

Grand jury; dismissal of charge

✓ current as of May 2026

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§ 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.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 2002–2023 · leading case: People v. Allen, 32 N.Y.3d 611 (NY 2018).

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People v. Allen, 32 N.Y.3d 611 (NY 2018). · cites it 4× “Criminal Procedure Law § 190.75 (3) provides that if a grand jury has dismissed a charge presented to it, that charge "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…”

People v. Credle, 958 N.E.2d 111 (NY 2011). · cites it 2× “Criminal Procedure Law § 190.75 (3) provides that once charges submitted to a grand jury have been dismissed, "[they] *558 may not again be submitted to a grand jury unless the court in its discretion authorizes or directs the people to resubmit such charge[s] to the same or…”

People v. Allen, 2017 NY Slip Op 5501 (N.Y. App. Div. 2017). · cites it 2× “I find no support for Allen’s argument that this statutory, procedural violation, albeit one jurisdictional in nature and relating to the state constitutional right to indictment by a grand jury, created a per se taint irrespective of any spillover effect.”

People v. Almonte, 190 Misc. 2d 783 (N.Y. Sup. Ct. 2002). “*786 Grand Jury The defendant now contends that the 1998 grand jury presentation violated the dictates of Criminal Procedure Law § 190.75 (3), as interpreted by the Court of Appeals in People v Wilkins ( 68 NY2d 269 [1986]).”

People v. Crouthers, 193 Misc. 2d 471 (2002). “Criminal Procedure Law § 190.75 (1) provides that if the grand jury is satisfied that 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…”

McNeil v. Warden Carter (E.D.N.Y 2023). “From these, it appears that Petitioner believes that his state court proceedings under IND-75067-22 and CR-0266544-22KN did not follow New York Criminal Procedure Law § 190.75, which requires court authorization prior to re-presentment to a grand jury following an initial grand…”

People v. Peter, 22 Misc. 3d 713 (N.Y. Sup. Ct. 2008). “As to the charge of manslaughter in the first degree, dismissed by the grand jury, Criminal Procedure Law § 190.75 (3) provides that a charge that has been dismissed “may not again be submitted to a grand jury unless the court in its discretion authorizes or directs the people…”

— N.Y. Criminal Procedure Law § 190.75(3) — 1 case

People v. Allen, 2017 NY Slip Op 5501 (N.Y. App. Div. 2017). “I find no support for Allen’s argument that this statutory, procedural violation, albeit one jurisdictional in nature and relating to the state constitutional right to indictment by a grand jury, created a per se taint irrespective of any spillover effect.”

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