People v. Russ

Appeal from an order of the County Court of Broome County (Smith, J.), entered May 12, 2003, which, sua sponte, dismissed the indictment.

The procedural path of this case is somewhat convoluted and the People have vacillated before County Court in their position on key issues. The primary issue before us, however, distills to whether County Court erred in dismissing the indictment in the furtherance of justice (see CPL 210.20, 210.40) without providing prior notice that it was considering such action. Briefly by way of background, an undercover police officer purchased $40 worth of cocaine…