People v. Overbaugh

• Decision Date: 12 September 2019
• Docket Number: 110132
• Citation: 175 A.D.3d 1621,109 N.Y.S.3d 483
• Parties: The PEOPLE of the State of New York, Appellant, v. Richard N. OVERBAUGH, Respondent.
• Court: New York Supreme Court — Appellate Division

175 A.D.3d 1621
109 N.Y.S.3d 483

The PEOPLE of the State of New York, Appellant,
v.
Richard N. OVERBAUGH, Respondent.

110132

Supreme Court, Appellate Division, Third Department, New York.

Decided and Entered: September 12, 2019
Calendar Date: August 22, 2019

109 N.Y.S.3d 484

Paul Czajka, District Attorney, Hudson (James A. Carlucci of counsel), for appellant.

Dominic J. Cornelius, Public Defender, Hudson (Jessica Howser of counsel), for respondent.

Before: Egan Jr., J.P., Lynch, Devine, Aarons and Rumsey, JJ.

MEMORANDUM AND ORDER

Egan Jr., J.P.

175 A.D.3d 1622

Appeals (1) from an order of the County Court of Columbia County (Nichols, J.), entered July 16, 2018, which granted defendant's motion to dismiss the indictment, and (2) from an order of said court, entered March 8, 2018, which denied the People's motion for reconsideration.

In October 2016, defendant, an inmate at Greene County Correctional Facility, was charged by indictment with aggravated harassment of an employee by an inmate, stemming from an April 2016 incident wherein defendant was transported to Columbia Memorial Hospital for medical treatment and thereafter allegedly drank his own urine and spat it in the face of a correction officer (hereinafter the victim). The parties thereafter entered into a stipulation in lieu of motions and, pursuant thereto, County Court reviewed, among other things, the grand jury minutes to determine whether there was legally sufficient evidence to support the indictment. In December 2016, County Court dismissed the indictment, determining that the evidence before the grand jury was legally insufficient inasmuch as the People's sole witness – the victim – had not been administered the correct oath and, as such, had presented unsworn testimony to the grand jury. The People thereafter moved for reconsideration, averring that the court reporter had erroneously omitted reference to the correct oath which had, in fact, been appropriately given by the jury foreperson to the victim, and the People affixed to the motion a corrected copy of the grand jury minutes reflecting same.¹ In February 2018, County Court denied the People's motion for reconsideration. The People appeal from both orders.²

109 N.Y.S.3d 485

Initially, it is well settled that "no appeal lies from a determination made in a criminal [action] unless specifically

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