People v. Gallagher

Appeal by the People from so much of an order of the Supreme Court, Suffolk County (Rohl, J.), dated July 6, 1988, as, upon the separate motions of the defendants to dismiss the indictment, declared the appointment of Special District Attorney Stephen P. Scaring null and void and dismissed the indictment.

*930Ordered that the order is reversed, on the law and the facts, the defendants’ motions to dismiss the indictment are denied, the indictment is reinstated and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings.

The defendant Gallagher, the former Chief of…