People v. McDowell

—Order unanimously reversed on the law, motion denied, indictment reinstated and matter remitted to Monroe County Court for further proceedings on the indictment. Memorandum: The People appeal from an order dismissing the indictment charging defendant with burglary in the third degree (Penal Law § 140.20), criminal mischief in the fourth degree (Penal Law § 145.00 [1]) and petit larceny (Penal Law § 155.25). Shortly after that appeal, the People submitted exhibits that had not been submitted in opposition to defendant’s motion to dismiss the indictment. County Court reconsidered its prior…