People v. Kennedy

Appeal by the People from an order of the Supreme Court, Queens County, dated June 17, 1976, which granted that branch of defendant’s omnibus motion which sought dismissal of the indictment on the ground that the evidence submitted to the Grand Jury was insufficient in law and in fact to sustain any of the charges, and did so with leave to resubmit the matter to an additional or different Grand Jury within 45 days. Order modified, on the law, by (1) deleting therefrom the provision dismissing the indictment and substituting therefor a provision dismissing the second count (criminal possession…