Appellate Division of the Supreme Court of the State of New York August 15, 2012 (People v. Warren)

Appeal by the People, as limited by their brief, from so much of an order of the Supreme Court, Kings County (D’Ernie, J.), dated April 14, 2011, as, upon reargument, adhered to its determination in an order of the same court dated January 4, 2011, granting that branch of the defendant’s motion which was to dismiss count one of the indictment on the ground that the evidence presented to the grand