People v. Myers

OPINION OF THE COURT

John Cataldo, J.

The People move to reargue this court’s decision and order dated January 7, 2000, granting dismissal of the indictment pursuant to CPL 30.30 (1) (a). Defendant has filed an affirmation in opposition. A motion for leave to reargue should be *395granted where there is a showing that some decision or principle of law, which would have had a controlling effect, was overlooked or misapplied by the court, or upon a showing that there was a misapprehension of the relevant facts. (Foley v Roche, 68 AD2d 558, 567 [1st Dept 1979]; CPLR 2221.)

The People seek to reargue…