THE PEOPLE OF THE STATE OF NEW YORK APPELLANT v. NATALIE HALL DEFENDANT RESPONDENT (2011)

Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT, v. NATALIE HALL, DEFENDANT–RESPONDENT.

KA 08–01839

Decided: June 10, 2011

PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, GORSKI, AND MARTOCHE, JJ.

MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (NICOLE M. FANTIGROSSI OF COUNSEL), FOR APPELLANT. FIANDACH & FIANDACH, ROCHESTER (TIMOTHY C. RATH OF COUNSEL), FOR DEFENDANT–RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law, that part of the motion seeking to dismiss the indictment is denied, the indictment is reinstated, and the matter is remitted to Monroe County Court for further proceedings on the indictment.

Memorandum: The People appeal from an order granting that part of the omnibus motion of defendant seeking to dismiss the indictment against her. The People's contentions are the same as those raised in People v. East (78 AD3d 1680) and People v. Jeffery (70 AD3d 1512) and, for reasons stated in our decisions therein, we reverse the order, deny that part of defendant's omnibus motion seeking to dismiss the indictment, reinstate the indictment and remit the matter to County Court for further proceedings on the indictment.

Patricia L. Morgan

Clerk of the Court

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