PEOPLE, res, v. KENNETH MINOR, def-ap

3351. PEOPLE, res, v. KENNETH MINOR, def-ap — Lawrence Fleischer, New York (David S. Delbaum of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (David M. Cohn of counsel), for res — Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered October 20, 2014, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him, as a second felony offender, to a term of 12 years, unanimously affirmed.

Under the law of the case doctrine (see Delgado v. City of New York, 144 AD3d 46, 51 [1st Dept 2016]), this Court’s prior decision (111 AD3d 198 [1st Dept 2013]) bars defendant’s contentions that the court improperly denied his motion to compel the People to resubmit the entire case to a new grand jury, and permitted prosecutorial misconduct in the first grand jury proceeding. Moreover, there was no taint of prosecutorial misconduct in the original indictment charging intentional murder, in the second indictment charging second-degree manslaughter by assisting a suicide (Penal Law §125.25[1][b]), or in the consolidation of the two indictments.