People v. Lincoln

—Order unanimously reversed on the law, motion denied, indictment reinstated and matter remitted to Wayne County Court for further proceedings on the indictment. Memorandum: The People contend that County Court erred in granting defendant’s motion to dismiss the indictment on the ground that the evidence before the Grand Jury is legally insufficient to establish the offense of grand larceny in the third degree (see, CPL 210.20 [1] [b]). We agree. Viewing the evidence before the Grand Jury in the light most favorable to the People, we conclude that the evidence, if unexplained and…