People v. Cooper

Appeal by the People from an order of the Supreme Court, Kings County (Coffinas, J.), dated December 5, 1988, which dismissed Kings County indictment No. 8310/88 against the respondents.

Ordered that the order is reversed, on the law, the indictment is reinstated against the respondents, and the matter is remitted to the Supreme Court, Kings County, for further proceedings.

At issue on appeal is the propriety of an order of the Supreme Court which dismissed the indictment against the defendants, over the objection of the prosecution. The record *894reveals that the dismissal was predicated upon an…