People v. Concepcion

Appeal by the People, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Clabby, J.), dated June 27, 1989, as granted that branch of the defendant’s omnibus motion which was to dismiss the first count of the indictment.

Ordered that the order is modified by adding a provision that the dismissal of the first count of the indictment charging burglary in the second degree is without prejudice to the People to re-present that charge to another Grand Jury; as so modified, the order is affirmed insofar as appealed from.

*414We have reviewed the evidence which was…