PEOPLE v. BARNES


44 A.D.2d 740 (1974)

The People of the State of New York, Appellant, v. John G. Barnes, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 18, 1974


As a result of an automobile accident involving a vehicle operated by defendant, one Mary Keleman was killed. On May 1, 1973 the Grand Jury indicted defendant for manslaughter in the second degree, criminally negligent homicide and operating a motor vehicle under the influence of alcohol. On motion of defendant the first two counts of the indictment were dismissed without prejudice to the filing of a new valid indictment. The basis for the court's dismissal was that the indictment...

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