People v. Ferguson

OPINION OF THE COURT

Ira B. Harkavy, J.

Defendant moves for an order pursuant to CPL 210.20 (6) dismissing the within indictment on the grounds that the People failed to exercise one of three mandated options set *52forth in CPL 210.20 (6) within 30 days following an order of this court reducing a count of the indictment.

On May 27, 1993 the court dismissed counts 9 and 10 of indictment No. 2016/93 and reduced count 5 of the indictment from robbery in the second degree to robbery in the third degree.

Pursuant to CPL 210.20 (1-a) and (6), the court, upon motion of the defendant, may dismiss or reduce…