People v. Morales

*355OPINION OF THE COURT

Anne G. Feldman, J.

Defendant moves to dismiss the indictment pursuant to People v Cade (140 AD2d 99 [2d Dept 1988], adhered to on rearg 145 AD2d 565). After the Grand Jury had voted a 27-count indictment the prosecutor asked it to withdraw its vote on one misdemeanor count and recharged it on that count alone.

For the reasons hereinafter stated, defendant’s motion to dismiss the indictment is denied. However, the misdemeanor count on which the prosecutor reinstructed the Grand Jury is dismissed pursuant to CPL 210.20 (1) (c).

BACKGROUND

The prosecution presented evidence to…