| People v Carr |
| 2017 NY Slip Op 07299 [30 NY3d 945] |
| October 19, 2017 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, December 6, 2017 |
| The People of the State of New York, Respondent, v James L. Carr, Appellant. |
Argued September 6, 2017; decided October 19, 2017
People v Carr, 128 AD3d 1402, affirmed.
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.
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.
Chief Judge DiFiore and Judges Rivera, Stein, Garcia, Wilson and Feinman concur; Judge Fahey taking no part.
Order affirmed, in a memorandum.