People v. Coppa

Appeal by the People from an order of the Supreme Court, Kings County, entered August 17, 1976, which granted defendant’s motion to dismiss the indictment because of the prosecutor’s failure to state a prima facie case in his opening statement to the jury. By order dated May 2, 1977 this court dismissed the appeal on the ground that the dismissal by the trial court had not been made pursuant to CPL 210.20, and could therefore not be appealed under the provisions of CPL 450.20 (subd 1). On July 11, 1978 the Court of Appeals reversed the order of this court on the ground that this court had the…