People v. Elmer

Appeal (upon remittal from the Court of Appeals) from an order of the County Court of St. Lawrence County (Richards, J.), dated May 4, 2010, which partially granted defendant’s motion to dismiss the indictment.

When this appeal was previously before this Court, we dismissed the People’s appeal upon the finding that no appeal lies from an oral ruling issued by a criminal court dismissing some counts of the indictment (84 AD3d 1593 [2011]). The Court of Appeals reversed and remitted the matter to this Court (19 NY3d 501 [2012]).

The Court of Appeals declared that “it is sound policy to permit…