People v. McNamara

*1249Memorandum: On this appeal by the People from an order granting defendant’s motion to dismiss the indictment, we reject at the outset their contention that County Court lacked authority to grant defendant’s motion because the court granted the motion upon a ground that was not timely asserted. According to the People, the only timely asserted ground for dismissal was that the People failed to inform defense counsel of charges other than the initial drug charges against defendant, but the court granted the motion on a different ground, i.e., that defendant’s notice of appearance served as his…