Appellate Division of the Supreme Court of the State of New York November 13, 2009 (People v. Bianco)

*1418Appeal from an order of the Livingston County Court (Robert B. Wiggins, J.), entered January 6, 2009. The order dismissed the indictment.

It is hereby ordered that the order so appealed from is unanimously affirmed.

Memorandum: On appeal from an order dismissing the indictment charging defendant with criminally negligent homicide (Penal Law § 125.