PEOPLE v. MARINI


173 A.D.2d 742 (1991)

The People of the State of New York, Appellant, v. Jose Marini, Respondent

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

May 28, 1991


Ordered that the order is reversed, on the law, the motion is denied, the indictment is reinstated, and the matter is remitted to the County Court, Suffolk County, for further proceedings.

The defendant was indicted on charges of (1) manslaughter in the second degree (Penal Law § 125.15 [1]), (2) leaving the scene of an incident without reporting, as a felony (Vehicle and Traffic Law § 600 [2]), and (3) operating a motor vehicle while his ability to operate...

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