Opinion
1192 KA 17–00748
12-20-2019
The PEOPLE of the State of New York, Respondent, v. Gabriele BALLOWE, Defendant–Appellant.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (NICHOLAS P. DIFONZO OF COUNSEL), FOR DEFENDANT–APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DAVID A. HERATY OF COUNSEL), FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (NICHOLAS P. DIFONZO OF COUNSEL), FOR DEFENDANT–APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DAVID A. HERATY OF COUNSEL), FOR RESPONDENT.
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting her, upon her plea of guilty, of leaving the scene of an incident resulting in serious injury without reporting ( Vehicle and Traffic Law § 600[2][a], [c][i] ). We previously held this case, reserved decision, and remitted the matter to Supreme Court "for a determination whether the People, in fact, presented new evidence to the second grand jury and, if not, whether dismissal of the indictment is warranted on that ground" ( People v. Ballowe, 173 A.D.3d 1666, 1668, 103 N.Y.S.3d 207 [4th Dept. 2019] ). We now affirm.
Upon remittal, the court determined that the People satisfied their obligation to present new evidence to the second grand jury (see People v. Dykes, 86 A.D.2d 191, 195, 449 N.Y.S.2d 284 [2d Dept. 1982] ; People v. Martin, 71 A.D.2d 928, 929, 419 N.Y.S.2d 724 [2d Dept. 1979] ). Dismissal of the indictment thus is not warranted on that ground.