People v. Hernandez

Order, Supreme Court, Bronx County (Max Sayah, J.), entered on or about September 15, 1993, which granted defendant’s motion to dismiss the indictment with leave to re-present, unanimously reversed, on the law, defendant’s motion denied and the indictment reinstated.

Defendant was arraigned on November 25, 1992, on a felony complaint charging him with criminal possession of a weapon in the third degree and criminal possession of a weapon in the fourth degree. He was also charged with menacing in an accompanying misdemeanor complaint. Defendant had been arrested as the result of a police radio…