Opinion
September 21, 1984
Present — Dillon, P.J., Callahan, Doerr, Boomer and Moule, JJ. (Order entered Sept. 14, 1984.)
Motion to change venue granted and indictment removed for trial from the County Court of Livingston County to Supreme Court, Monroe County. Memorandum: Defendant was originally indicted in Livingston County for murder in the second degree and other crimes. He was convicted of manslaughter in the first degree and on appeal we reversed and granted a new trial ( People v Acomb, 87 A.D.2d 1, application for lv. to app dsmd 56 N.Y.2d 1034). Subsequently we granted defendant's motion for a change of venue and the indictment was transferred to Supreme Court, Monroe County ( People v Acomb, 94 A.D.2d 978). Thereafter, on jurisdictional grounds, the indictment was dismissed with leave to the People to submit the charge of manslaughter in the first degree to the Grand Jury (see People v Gonzales, 61 N.Y.2d 633). A Livingston County Grand Jury having now returned an indictment on that charge, defendant again moves for a change of venue. The motion is granted for the reasons stated in our previous memorandum (see People v Acomb, 94 A.D.2d 978, supra).