People v. Coomey

Appeal from an order of the Onondaga County Court (Thomas J. Miller, J.), dated May 8, 2015. The order dismissed the indictment in furtherance of justice pursuant to CPL 210.40 (1).

It is hereby ordered that the order so appealed from is unanimously affirmed.

Memorandum: The People appeal from an order granting that part of defendant’s omnibus motion seeking to dismiss the indictment in the furtherance of justice pursuant to CPL 210.40 (1). “While the question of whether to dismiss an indictment in the furtherance of justice is addressed to the discretion of the trial court, this discretion is…