184 A.D.2d 892 | N.Y. App. Div. | 1992
Appeal from an order of the County Court of Columbia County (Leaman, J.), entered July 24, 1991, which dismissed the indictment.
At the conclusion of the nonjury trial of an indictment charging defendant with a single count of obstructing governmental administration in the second degree,
Although we realize that remittal may be viewed as a pointless act, for "[i]t may well be that the County Court will again conclude that the indictment should be dismissed in the furtherance of justice after giving deliberation to what the parties may offer * * * full opportunity should be afforded to the People and the defendant to provide the court with such evidence and arguments that they deem relevant to the issue” (People v Clayton, supra, at 208). Accordingly, County Court’s order should be reversed, the indictment reinstated and the matter remitted to County Court for a hearing on notice to the parties for the purpose of determining whether, pursuant to CPL 210.40, the indictment should be dismissed in furtherance of justice.
Weiss, P. J., Mikoll and Levine, JJ., concur. Ordered that the order is reversed, on the law, indictment reinstated and matter remitted to the County Court of Columbia County for further proceedings not inconsistent with this court’s decision.
An additional count of reckless endangerment in the second degree was dismissed prior to trial and is not the subject of this appeal.