Opinion
394 KA 17–01663
06-08-2018
The PEOPLE of the State of New York, Appellant, v. Henri PONTES, Defendant–Respondent.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (DANIEL GROSS OF COUNSEL), FOR APPELLANT. MICHAEL T. ANSALDI, ROCHESTER, FOR DEFENDANT–RESPONDENT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (DANIEL GROSS OF COUNSEL), FOR APPELLANT.
MICHAEL T. ANSALDI, ROCHESTER, FOR DEFENDANT–RESPONDENT.
PRESENT: SMITH, J.P., CENTRA, NEMOYER, CURRAN, AND TROUTMAN, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously reversed on the law, that part of the omnibus 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 defendant's omnibus motion seeking to dismiss an indictment charging her with identity theft in the first degree ( Penal Law § 190.80 [3 ] ) and second degree (§ 190.79[2] ). We now reverse the order, deny that part of the motion, and reinstate the indictment. We agree with the People that County Court erred in granting that part of the motion inasmuch as the evidence before the grand jury is legally sufficient to sustain the indictment (see People v. Roberts , ––– N.Y.3d ––––, ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2018 N.Y. Slip Op. 03172 at *4–7, 2018 WL 2048719 [2018] ; People v. Yuson, 133 A.D.3d 1221, 1221–1222, 20 N.Y.S.3d 263 [4th Dept. 2015], lv denied 27 N.Y.3d 1157, 39 N.Y.S.3d 391, 62 N.E.3d 131 [2016] ; see generally People v. Bello , 92 N.Y.2d 523, 525–526, 683 N.Y.S.2d 168, 705 N.E.2d 1209 [1998] ).