People v. Diaz

Appeal by the People from an order of the Supreme Court, Kings County (Rappaport, J.), dated July 6, 1992, which granted the defendants’ motion to dismiss the *581indictment on the ground that the evidence before the Grand Jury was not legally sufficient.

Ordered that the order is reversed, on the law, the defendants’ motion is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.

It is well-settled that the court may only grant a motion to dismiss the indictment where "[t]he evidence before the grand jury…