People v. Perdue

Order unanimously reversed on the law, motion denied, and indictment reinstated. Memorandum: The People appeal from an order dismissing an indictment that charged defendant with one count of robbery *999in the third degree (Penal Law § 160.05) and one count of grand larceny in the third degree (Penal Law former § 155.30 [6]). County Court, after reviewing the Grand Jury minutes, concluded that the evidence before the Grand Jury was legally insufficient to establish the offenses charged. The People assert that the evidence was sufficient to sustain the robbery count and, while conceding that the…