People v Carr

People v Carr 2017 NY Slip Op 07299 Decided on October 19, 2017 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 19, 2017
No. 95

[*1]The People & c., Respondent,

v

James L. Carr, Appellant.

Evan M. Lumley, for appellant.

Nicholas T. Texido, for respondent.

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 [*2]whether a CPL 440.10 motion lies to bring this claim, as that question is not before us.

* * * * * * * * * * * * * * * * *

Order affirmed, in a memorandum. Chief Judge DiFiore and Judges Rivera, Stein, Garcia, Wilson and Feinman concur. Judge Fahey took no part.

Decided October 19, 2017