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PEOPLE v. DEIS

97 N.Y.2d 717 (2002)

766 N.E.2d 946

740 N.Y.S.2d 284

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAMOUN DEIS, Appellant.

Court of Appeals of the State of New York.

Decided February 14, 2002.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender, Rochester (Elizabeth Clarke of counsel), for appellant.

Howard R. Relin, District Attorney, Rochester (Stephen K. Lindley of counsel), for respondent.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and the indictment dismissed, without prejudice to an application by the People for leave to resubmit the charge of criminally negligent homicide to a grand jury.

The facts, viewed most favorably for defendant, are as follows. On July 13, 1997, at approximately 10 P.M., Troy Alexander, who had been drinking since morning, entered the convenience store where defendant...

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