Order unanimously reversed on the law, indictment reinstated and matter remitted to Supreme Court for further proceedings on the indictment.
Memorandum:
The People appeal from an order that dismissed the indictment against defendant in furtherance of justice pursuant to CPL 210.40 (1). We agree with the People that Supreme Court abused its discretion in, sua sponte, dismissing the indictment on that ground. "On this record, it has not been demonstrated...
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