People v. Bianco

*1418Appeal from an order of the Livingston County Court (Robert B. Wiggins, J.), entered January 6, 2009. The order dismissed the indictment.

It is hereby ordered that the order so appealed from is unanimously affirmed.

Memorandum: On appeal from an order dismissing the indictment charging defendant with criminally negligent homicide (Penal Law § 125.10), the People contend that the evidence presented to the grand jury was legally sufficient to support that charge. We reject that contention.

In his statement to the police that was presented to the grand jury, defendant admitted that he and decedent…