This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
-----------------------------------------------------------------
No. 95
The People &c.,
            Respondent,
        v.
James L. Carr,
            Appellant.




          Evan M. Lumley, for appellant.
          Nicholas T. Texido, for respondent.




MEMORANDUM:
          The order of the Appellate Division should be affirmed.
          There was no error in the denial of defendant's motion
to vacate the judgment.   Under these circumstances, the People
were not required to seek court permission under CPL 190.75 (3)
before presenting additional charges to a second grand jury.   We


                               - 1 -
                                - 2 -                           No. 95

do not pass upon whether a CPL 440.10 motion lies to bring this
claim, as that question is not before us.
*   *   *   *   *   *   *   *    *      *   *   *   *   *   *   *   *
Order affirmed, in a memorandum. Chief Judge DiFiore and Judges
Rivera, Stein, Garcia, Wilson and Feinman concur. Judge Fahey
took no part.

Decided October 19, 2017




                                - 2 -
