People v. Flemming

—Appeal by the People from an order of the County Court, Orange County (De Rosa, J.), dated March 15, 2001, which granted the defendant’s motion pursuant to CPL 210.40 to dismiss the indictment in the furtherance of justice.

Ordered that the order is reversed, as a matter of discretion, the motion is denied, the indictment is reinstated, and the matter is remitted to the County Court, Orange County, for further proceedings.

The People’s procedural objections to the defendant’s motion are unpreserved for appellate review. However, the People correctly contend that the Supreme Court improvidently…