People v. Kovzelove

Appeal by the People from an order of the Supreme Court, Queens County, dated October 10, 1978, which, upon defendant’s oral motion, dismissed the indictment in the interests of justice. Order reversed, on the law, and indictment reinstated, without prejudice to defendant’s right to move to dismiss the indictment pursuant to CPL 210.20. Defendant made a written omnibus motion, inter alia, for dismissal of the indictment on the ground that it was not based upon legally sufficient evidence. The motion was adjourned from time to time. On September 7, 1978 the District Attorney was unable to…