People v. Livoti

*927OPINION OF THE COURT

Gerald Sheindlin, J.

INTRODUCTION

The defendant stands indicted under two separate indictments for the same event. The original indictment (No. 2026/ 95) mistakenly accuses the defendant of manslaughter in the second degree and erroneously omits the charge actually voted by the Grand Jury, to wit: criminally negligent homicide. The second indictment (No. 2132/95) accuses the defendant of criminally negligent homicide. This indictment was prepared, signed and filed when the People belatedly discovered that the sole charge voted by the Grand Jury was inexplicably omitted from…