People v. Baez

— Appeal by the People from an order of the Supreme Court, Kings County (Broomer, J.), entered May 24, 1983, which, upon the defendant’s motion, dismissed the indictment.

Order reversed, on the law, motion denied, indictment reinstated, and matter remitted to the Supreme Court, Kings County, for further proceedings.

The court’s dismissal of the indictment, ostensibly based upon the defendant’s omnibus motion made almost one year and five months earlier, was more accurately based upon an oral motion made at the urging of the trial court. In either case, the People were not given notice of the…