PEOPLE v. McNAMARA

KA 12-00229.

99 A.D.3d 1248 (2012)

951 N.Y.S.2d 816

2012 NY Slip Op 6713

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DAVID F. McNAMARA, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

October 5, 2012.


It is hereby ordered that the order so appealed from is unanimously reversed on the law, the motion is denied, the indictment is reinstated and the matter is remitted to Cayuga County Court for further proceedings on the indictment.

Memorandum: On this appeal by the People from an order granting defendant's motion to dismiss the indictment, we reject at the outset their contention that County Court lacked authority to grant defendant's motion because the court granted...

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