BUFFALO, N.Y. — Justices of the New York State Supreme Court Appellate Division have confirmed the conviction of Gabrielle Ballowe in connection with a fatal hit-and-run that occurred in the town of Evans in 2013.
Ballowe had served her sentence, but there was the possibility that her conviction for leaving the scene of a personal injury accident could have been overturned, based on whether prosecutors had presented new evidence to a second grand jury and, if not, whether dismissal of the indictment was warranted on that ground.
The justices concluded dismissal of the indictment was not warranted on that ground.
The complicated case took many twists and turns, and it raised questions regarding practices of former Erie County District Attorney Frank Sedita III, who is now a judge.
The Buffalo News reported in 2014 that a grand jury had first voted to indict Ballowe on felony charges of driving while intoxicated and leaving the scene of an injury accident.
However, according to the report, Sedita ordered a top aide to convince grand jurors that there was not enough evidence for an indictment. The grand jury then took a second vote, voting not to indict Ballowe.
After Sedita left office, acting District Attorney Michael Flaherty reopened the case and had an assistant present it to a new grand jury. That grand jury indicted Ballowe, and she eventually pleaded guilty.
In other decisions released Friday, the justices:
- Upheld the murder conviction and 25 years to life sentence of John Avent of Tonawanda, who was found guilty of killing his girlfriend, Roberta Rybinski inside the apartment the two shared in in 2016
- Upheld the 2017 conviction of Erick Meir who was found guilty of predatory sexual assault against a child. The justices also upheld Meier's sentence of 25-year-to life in prison, and rejected his argument that the sentence was unduly harsh.
- Upheld the 20-years-to-life sentence of Virgil Brown, who was convicted of sexually abusing a child. The justices rejected his argument of ineffective counsel at sentencing.
