People v. Feola

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Collini, J.), rendered August 10, 2005, convicting him of making a punishable false written statement, upon a jury verdict, 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, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

The facts of this case are described in a companion appeal (see People v Hepp, 40 AD3d 880 [2007] [decided herewith]).

In the trial court, the proper…