People v. Flowers

Appeal by the People from so much of an order of the County Court, Westchester County (Zambelli, J.), entered November 22, 2013, as granted those branches of the defendant’s omnibus motion which were to dismiss counts one and three of the indictment on the ground that the evidence presented to the grand jury was legally insufficient.

Ordered that the order is affirmed insofar as appealed from.

As alleged in an indictment filed against the defendant, while employed as a certified nurse aide at a residential health care facility, the defendant improperly utilized a lifting device in an attempt to…