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People v. Grier

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 16, 2008

THE PEOPLE, ETC., APPELLANT,
v.
JAMES GRIER, RESPONDENT.

Appeal by the People from an order of the Supreme Court, Queens County (Lewis, J.), dated November 28, 2007, which granted that branch of the defendant's motion which was for leave to reargue his motion to dismiss the indictment pursuant to CPL 190.50 and 210.20(1)(c), which had been determined in an order dated April 26, 2007, and, upon reargument, granted the original motion and dismissed the indictment, with leave to the People to resubmit the matter to the grand jury.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PETER B. SKELOS, J.P., FRED T. SANTUCCI, WILLIAM E. McCARTHY and THOMAS A. DICKERSON, JJ.

(Ind. No. 2326/06)

DECISION & ORDER

ORDERED that the order is reversed, on the law, that branch of the defendant's motion which was for leave to reargue his motion to dismiss the indictment pursuant to CPL 190.50 and CPL 210.20(1)(c) is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings on the indictment.

The defendant moved, inter alia, for leave to reargue his prior motion to dismiss the indictment pursuant to CPL 190.50 and CPL 210.20(1)(c). In the order appealed from, the Supreme Court granted that branch of the defendant's motion which was for leave to reargue and, upon reargument, granted the defendant's original motion to dismiss the indictment pursuant to CPL 190.50 and CPL 210.20(1)(c). We reverse.

That branch of the defendant's motion which was for leave to reargue his motion to dismiss the indictment pursuant to CPL 210.20(1)(c) was untimely made, and thus should have been denied (see CPL 255.20[1]; People v Dean, 74 NY2d 643; People v Lopez, 235 AD2d 496, 497; People v Killings, 191 AD2d 586, 587).

SKELOS, J.P., SANTUCCI, McCARTHY and DICKERSON, JJ., concur.

20081216

© 1992-2008 VersusLaw Inc.



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