People v. Magiera

Order unanimously reversed and count I of indictment reinstated. Memorandum: Upon our review of the record, we find the evidence presented to the regularly convened Grand Jury of Cattaraugus County to be legally sufficient to support an indictment charging defendant with criminally negligent homicide in violation of section 125.10 of the Penal Law. In a multicount indictment which also charges defendant with violations of subdivisions 2 and 3 of section 1192 of the Vehicle and Traffic Law (operating a motor vehicle while he had .10 of 1% or more of alcohol in his blood and driving while…