Opinion
110721
07-11-2019
THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MARINA Y. VIVIANI, Respondent.
Rachel P. Dunn, New York State Justice Center for the Protection of People with Special Needs, Delmar (Caitlin Halligan of Selendy & Gay, PLLC, New York City, of counsel), for appellant. Law Office of Michael S. Pollok, PLLC, Red Hook (Michael S. Pollok of counsel), for respondent. Letitia James, Attorney General, New York City (Barbara D. Underwood of counsel), in her statutory capacity under Executive Law § 71.
Before: Garry, P.J., Egan Jr., Aarons, Rumsey and Pritzker, JJ.
Rachel P. Dunn, New York State Justice Center for the Protection of People with Special Needs, Delmar (Caitlin Halligan of Selendy & Gay, PLLC, New York City, of counsel), for appellant.
Law Office of Michael S. Pollok, PLLC, Red Hook (Michael S. Pollok of counsel), for respondent.
Letitia James, Attorney General, New York City (Barbara D. Underwood of counsel), in her statutory capacity under Executive Law § 71.
MEMORANDUM AND ORDER
Rumsey, J.
Appeal from an order of the Supreme Court (Breslin, J.), entered March 30, 2017 in Albany County, which granted defendant's motion to dismiss the indictment.
As the circumstances under which defendant was indicted are factually indistinguishable from the circumstances under which the defendant in People v Hodgdon (___ AD3d ___ [decided herewith]) was indicted, we affirm for the reasons set forth therein.
Garry, P.J., Egan Jr., Aarons and Pritzker, JJ., concur.
ORDERED that the order is affirmed.