People v. Holmes

Appeal by the People from an order of the Supreme Court, Kings County (Goldstein, J.), dated December 5, 1990, which granted that branch of the defendant’s omnibus motion which was to dismiss Indictment No. 9218/90 charging him with burglary in the second degree, petit larceny, and criminal possession of stolen property in the fifth degree.

Ordered that the order is reversed, on the law, that branch of the defendant’s omnibus motion which was to dismiss the indictment is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings…