People v. Fitzgerald

— Appeal by the People from so much of an order of the County Court, Westchester County, dated April 27, 1976, as, upon reargument, adhered to the original determination dismissing counts one and two of the indictment, alleging criminally negligent homicide and assault in the third degree. By order dated July 3, 1976 this court affirmed the order of the County Court insofar as appealed from (People v Fitzgerald, 62 AD2d 885). On November 30, 1978 the Court of Appeals reversed the order of this court and remitted the case to this court for consideration of the sufficiency of the Grand Jury…