People v. Hill

Appeal from an order of the Onondaga County Court (Anthony F. Aloi, J.), dated January 14, 2004. The order granted defendant’s motion to dismiss the indictment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.

Memorandum: The People appeal from an order granting defendant’s motion to dismiss the indictment pursuant to CPL 210.20 (1) (c) on the ground that the grand jury proceeding was defective within the meaning of CPL 210.35 (5). We affirm for reasons stated in the decision at County Court. We note, however, that under CPL 190.50 (6) the…