People v. D'Antuono

—Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendant was convicted following a jury trial of robbery in the first degree (Penal Law § 160.15 [4]) and two counts of escape in the first degree (Penal Law § 205.15 [2]). On appeal from that judgment of conviction, he maintained that County Court erred in denying his motion to dismiss the indictment pursuant to CPL 30.30 without conducting a hearing. We agreed, held the case, reserved decision and remitted the matter to Niagara County Court for a hearing to resolve the factual issues raised by defendant in his…