People v. Coppa

O’Connor, J. (dissenting).

The instant appeal is reviewable by this court pursuant to subdivision 1 of CPL 450.20, which authorizes appeals from orders of dismissal entered pursuant to CPL 210.20. When Criminal Term dismissed the indictment in question, it acted within the scope of paragraph (h) of subdivision 1 of CPL 210.20. This court is, therefore, empowered to pass upon the merits of Criminal Term’s action.

The respondent was indicted for the crime of grand larceny in the second degree (two counts). After the prosecution delivered its opening address, which included a reading of the…