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PEOPLE v. LIVOTI

166 Misc.2d 925 (1995)

632 N.Y.S.2d 425

The People of the State of New York, Plaintiff, v. Frank Livoti, Defendant.

Supreme Court, Bronx County.

September 5, 1995

Attorney(s) appearing for the Case

Marshall Trager for defendant. Robert T. Johnson, District Attorney of Bronx County (Nancy Borko and Howard Sterinbach of counsel), for plaintiff.

GERALD SHEINDLIN, J.

INTRODUCTION

The defendant stands indicted under two separate indictments for the same event. The original indictment (No. 2026/95) mistakenly accuses the defendant of manslaughter in the second degree and erroneously omits the charge actually voted by the Grand Jury, to wit: criminally negligent homicide. The second indictment (No. 2132/95) accuses the defendant of criminally...

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