People v. Johnson

Appeal from an order of the Supreme Court, Monroe County (Joseph D. Valentino, J.), dated June 29, 2006. The order granted defendant’s motion to dismiss the indictment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law, the motion is denied, the indictment is reinstated and the matter is remitted to Supreme Court, Monroe County, for further proceedings on the indictment.

Memorandum: The People appeal from an order granting defendant’s motion to dismiss the indictment pursuant to CPL 190.50 (5); 210.20 (1) (c); and 210.35 (4).…