People v. Sosenko

Appeal from an order of the County Court of Tioga County (Kepner, Jr., J.), entered June 1, 1993, which granted defendant’s motion to dismiss the indictment.

Defendant was tried twice on the charge of manslaughter in the second degree stemming from an altercation between members of two groups of patrons at a tavern in the Town of Owego, Tioga County, on March 7, 1992. Defendant was accused of striking Keith Baron in the face, causing him to fall and hit his head against a hard object which resulted in his death. The first trial resulted in a mistrial due to the illness of a deliberating juror…