It is hereby ordered that the order so appealed from is unanimously affirmed and the indictment is dismissed.
Same memorandum as in People v Barbosa (49 AD3d 1233 [2008]). Present-Scudder, PJ., Hurlbutt, Lunn, Pine and Gorski, JJ.
It is hereby ordered that the order so appealed from is unanimously affirmed and the indictment is dismissed.
Same memorandum as in People v Barbosa (49 AD3d 1233 [2008]). Present-Scudder, PJ., Hurlbutt, Lunn, Pine and Gorski, JJ.