People v. Loria

Order unanimously reversed on the law, motion denied, indictment reinstated and matter remitted to Monroe County Court for further proceedings on the indictment. Memorandum: County Court erred in dismissing the indictment against defendant after defense counsel orally moved, at the court’s invitation, to *1044dismiss pursuant to CPL 210.40 (1). The court based the dismissal upon the fact that defendant had already served his sentence upon the count of the indictment that we had dismissed (People v Loria, 190 AD2d 1006) and that dismissal of the remaining count would further the interests of…