People v. Barnes

Appeal from an order of the County Court of Tompkins County, entered August 7, 1973, which granted defendant’s motion to dismiss two counts of an indictment. As a result of an automobile accident involving a vehicle operated by defendant, one Mary Keleman was killed. On May 1, 1973 the Grand Jury indicted defendant for manslaughter in the second degree, criminally negligent homicide and operating a motor vehicle under the influence of alcohol. On" motion of defendant the first two counts of the indictment were dismissed without prejudice to the filing of a new valid indictment. The basis for…