People v. Rivers

—Order, Supreme Court, Bronx County (Richard Price, J.), entered April 3, 2002, granting defendant’s motion to dismiss those counts of indictment No. 2667/01 charging him with murder in the second degree (intentional) and manslaughter in the first degree and indictment No. 54934/01 charging him with murder in the second degree (depraved indifference) with leave to re-present, unanimously reversed, on the law, the motion denied and the indictments reinstated.

The grand jury evidence showed that on May 18, 2001, at about 8:40 a.m., a man, later identified as James Roberson, with traffic stopped…