People v. Cruz

Orders, Supreme Court, New York County (Benjamin Altman, J.), entered July 21, and October 8, 1982 which dismissed the indictment against defendant on the ground that physical evidence was returned to the victim without prior notice to the defendant for inspection, and which granted reargument and, upon reargument, adhered to the original determination, unanimously reversed, on the law and the facts, and in the exercise of discretion, the motion to dismiss denied, and the indictment reinstated. The police arrested defendant after observing him breaking into the trunk of a car which had an…