People v. Roth

Appeal by the People from so much of an order of the County Court, Suffolk County (Rohl, J.), dated June 3, 1985, as granted that branch of the defendant’s omnibus motion which was to dismiss count one of an indictment charging the defendant with unlawful disposal of hazardous waste in the first degree.

Order reversed insofar as appealed from, on the law, that branch of the defendant’s omnibus motion which was to dismiss count one of the indictment denied, count one of the indictment reinstated, and matter remitted to the County Court, Suffolk County, for further proceedings.

In charging the…