People v. Joyner

Appeal by the People from an order of the Supreme Court, Queens County (Rotker, J.), dated September 27, 1985, which granted the defendant’s motion to dismiss the indictment.

Ordered that the order is reversed, on the law, and the indictment is reinstated.

*549The Grand Jury testimony revealed that on July 20, 1985, sometime between 12:05 a.m. and 7:45 a.m., the door to the victim’s home was kicked in or knocked down and, among other things, a television set and a VCR had been taken from the home. During this time, the defendant was seen parked in a car in front of the victim’s home, and an…