People v. Mercer

Appeal from an order of the Erie County Court (Michael F. Pietruszka, J), dated July 21, 2010. The order granted, without prejudice, the motion of defendant to dismiss the indictment.

It is hereby ordered that the order so appealed from is *1527unanimously reversed on the law, that part of the omnibus motion seeking to dismiss the indictment is denied, the indictment is reinstated and the matter is remitted to Erie County Court for further proceedings on the indictment.

Memorandum: The People appeal from an order granting that part of defendant’s omnibus motion seeking to dismiss the indictment…