Opinion
May 16, 1994
Appeal from the County Court, Suffolk County (Mallon, J.).
Ordered that the order is affirmed.
The County Court dismissed the indictment due to the People's failure to present the evidence against this defendant and related evidence against another defendant (see, People v Guido, 199 A.D.2d 414) to separate Grand Juries (see, e.g., People v. Glowa, 87 Misc.2d 471). While we differ with the County Court's analysis, the dismissal of the indictment was mandated by the lack of legally sufficient evidence presented to the Grand Jury.
Notwithstanding the fact that the evidence submitted to the Grand Jury must be viewed in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), there was legally insufficient evidence submitted to find reasonable cause to believe that the defendant committed the crimes charged in the indictment. The evidence before the Grand Jury was not sufficient to find reasonable cause to believe that the defendant recklessly damaged property in an amount exceeding $250 (see, Penal Law § 145.00), nor was there any proof that the defendant caused physical injury to another person more serious than scratches (see, e.g., People v. Jimenez, 55 N.Y.2d 895; Matter of Philip A., 49 N.Y.2d 198; People v. Carney, 179 A.D.2d 818; People v Tabachnik, 131 A.D.2d 611). Bracken, J.P., O'Brien, Santucci and Joy, JJ., concur.