People v. DiMartino
Opinion of the Court
—Judgment unanimously reversed on the law and indictment dismissed without prejudice to the People to re-present any appropriate charges to another Grand Jury. Memorandum: The record of the reconstruction hearing (see, People v Mitchell, 189 AD2d 337) reveals that defendant was not present in chambers at
Inasmuch as defendant was convicted of the lesser included offense of manslaughter in the first degree under the indictment that charged murder in the second degree, the indictment must be dismissed without prejudice to the People to represent any appropriate charges to another Grand Jury (see, People v Gonzalez, 61 NY2d 633, 635; People v Hall, supra; People v Grant, 197 AD2d 910). In view of our decision, we do not address defendant’s remaining contention. (Appeal from Judgment of Monroe County Court, Egan, J. — Manslaughter, 1st Degree.) Present — Denman, P. J., Balio, Fallon, Doerr and Davis, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.