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PEOPLE v. CARR

No. 95.

30 N.Y.3d 945 (2017)

86 N.E.3d 550

64 N.Y.S.3d 658

2017 NY Slip Op 07299

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES L. CARR, Appellant.

Court of Appeals of New York.

Decided October 19, 2017.

Attorney(s) appearing for the Case

Evan M. Lumley , Buffalo, for appellant.

Michael J. Flaherty, Jr. , Acting District Attorney, Buffalo ( Nicholas T. Texido and Michael J. Hillery of counsel), for respondent.

Chief Judge DiFIORE and Judges RIVERA, STEIN, GARCIA, WILSON and FEINMAN concur; Judge FAHEY taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

There was no error in the denial of defendant's motion to vacate the judgment. Under these circumstances, the People were not required to seek court permission under CPL 190.75 (3) before presenting additional charges to a second grand jury. We do not pass upon whether a CPL 440.10 motion lies to bring this claim, as that question is not before us.

Order...

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