Order unanimously reversed on the law, motion denied, indictment reinstated and matter remitted to Supreme Court for further proceedings on the indictment.
Memorandum:
Supreme Court erred in granting defendant's motion to dismiss the indictment on the ground that the evidence before the Grand Jury was legally insufficient to support the charges of assault in the second degree (Penal Law § 120.05 [3]). On a motion to dismiss an indictment under CPL 210...
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