Opinion
10-19-2017
The PEOPLE of the State of New York, Respondent, v. James L. CARR, Appellant.
Evan M. Lumley, Buffalo, for appellant. Michael J. Flaherty, Jr., Acting District Attorney, Buffalo (Nicholas T. Texido and Michael J. Hillery of counsel), for respondent.
Evan M. Lumley, Buffalo, for appellant.
Michael J. Flaherty, Jr., Acting District Attorney, Buffalo (Nicholas T. Texido and Michael J. Hillery of counsel), for respondent.
OPINION OF THE COURT
MEMORANDUM.The order of the Appellate Division should be affirmed.
There was no error in the denial of defendant's motion to vacate the judgment. Under these circumstances, the People were not required to seek court permission under CPL 190.75(3) before presenting additional charges to a second grand jury. We do not pass upon whether a CPL 440.10 motion lies to bring this claim, as that question is not before us.
Chief Judge DIFIORE and Judges RIVERA, STEIN, GARCIA, WILSON and FEINMAN concur; Judge FAHEY taking no part.
Order affirmed, in a memorandum.