People v. Deis

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the indictment dismissed, without prejudice to an application by the People for leave to resubmit the charge of criminally negligent homicide to a grand jury.

The facts, viewed most favorably for defendant, are as follows. On July 13, 1997, at approximately 10 p.m., Troy Alexander, who had been drinking since morning, entered the convenience store where defendant worked. Inside the store, Alexander bumped into an elderly customer, nearly toppling him, accosted another customer by grabbing her waist and…