People v. Kestler

Order unanimously reversed on the law, motion denied, indictment reinstated and matter remitted to Wayne County Court for further proceedings on the indictment. Memorandum: County Court erred when it granted defendant’s motion to dismiss the indictment charging felony DWI based upon insufficient evidence before the Grand Jury. The court found that there was "no corpus delicti as to the Defendant’s admissions” that he was operating a motor vehicle on a public highway. On a motion to dismiss an indictment under CPL 210.20 (1) (b), the inquiry of the reviewing court is limited to the legal…