People v. Jones

Appeal by the People, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Berkowitz, J.), dated December 9, 1987, as granted that branch of the defendant’s omnibus motion which was to dismiss the first count of a two-count indictment, with leave to resubmit that count to the same or another Grand Jury.

Ordered that the order is reversed insofar as appealed from, on the law, that branch of the defendant’s omnibus motion which was to dismiss the first count of the indictment is denied, the first count of the indictment is reinstated, and the matter is…