Appellate Division of the Supreme Court of the State of New York August 17, 2010 (People v. Miles)

Appeal by the People from an order of the Supreme Court, Rockland County (Kelly, J.), entered November 18, 2009, which granted that branch of the defendant’s omnibus motion which was, in effect, pursuant to CPL 210.35 (5) to dismiss the indictment.

Ordered that the order is reversed, on the law, that branch of the defendant’s omnibus motion which was, in effect, pursuant to CPL 210.