The discrete issue presented here is whether County Court's entry of a trial order of dismissal and dismissal of the indictment charging defendant with operating a motor vehicle with .10% or more of alcohol in the blood in violation of Vehicle and Traffic Law § 1192 (2) foreclosed the People's right to appeal. We hold that the People cannot appeal (see, CPL 290.10 [1] [a]).
The same issue was addressed by this court in ...
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