People v. Smith

—Order unanimously reversed on the law, motion denied, indictment reinstated and matter remitted to Jefferson County Court for further proceedings on the indictment. Memorandum: County Court erred in dismissing the indictment upon the ground of insufficient evidence. "On a motion addressed to sufficiency of an indictment (CPL 210.20 [1] [b]) * * * the defendant is entitled to a review based on whether there was competent evidence which, if accepted as true, would establish every element of an offense charged and the defendant’s commission of it (CPL 70.10 [1]; People v Jennings, 69 NY2d 103,…