People v. Gilmour

—Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered January 22, 1999, convicting him of possessing a sexual performance by a child (13 counts), after a nonjury trial, and imposing sentence.

Ordered that the judgment is reversed, on the law, the indictment is dismissed, and the matter is remitted to the Supreme Court, Richmond County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

The defendant contended in the Supreme Court and now contends that the Attorney General lacked the authority to prosecute him for the…