Legal Question in Criminal Law in New York

Yes it can as long as the limitations period hasn't expired.

The short answer is Yes. Generally speaking, however, a superseding indictment is filed prior to any dismissal of the original indictment. A prosecutor can always bring charges against you, in a new indictment, so long as the charges are legitimate and within the statute of limitations (if a statute of limitations applies to the crime you are being charged with) unless double jeopardy has attached or unless the indictment against you has been dismissed with prejudice. You should speak with your attorney who handled the matter and s/he would be in a better position to guide you with respect to what may or may not happen next.