People v. Olivo

—Order unanimously reversed on the law, motion denied, indictment reinstated and matter remitted to Livingston County Court for further *954proceedings on the indictment. Memorandum: County Court erred in granting defendant’s motion to dismiss the indictment on the ground that the evidence was legally insufficient to support the charge of promoting prison contraband in the first degree (Penal Law § 205.25 [2]). On a motion to dismiss an indictment based on legally insufficient evidence, the issue is whether the evidence before the Grand Jury establishes a prima facie case (see, People v Jensen,…