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THE PEOPLE, app, v. AUBREY SIBANYONI, def-res

16-366. THE PEOPLE, app, v. AUBREY SIBANYONI, def-res — Order (Armando Montano, J.), dated June 4, 2015, reversed, on the law, motion denied, accusatory instrument reinstated and matter remanded to Criminal Court for further proceedings. Appeal from order (Armando Montano, J.), dated October 19, 2015, dismissed as nonappealable.

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16-366. THE PEOPLE, app, v. AUBREY SIBANYONI, def-res — Order (Armando Montano, J.), dated June 4, 2015, reversed, on the law, motion denied, accusatory instrument reinstated and matter remanded to Criminal Court for further proceedings. Appeal from order (Armando Montano, J.), dated October 19, 2015, dismissed as nonappealable.

Criminal Court erred in dismissing the accusatory instrument based upon an alleged hearsay defect not raised in defendant’s dismissal motion. A post-arraignment motion to dismiss an accusatory instrument “must be made in writing and upon reasonable notice to the people” (CPL §§210.45[1]; 170.45; see People v. Littles, 188 AD2d 255, 256 [1992], lv denied 81 NY2d 842 [1993]). Further, orderly procedures require there to be a full development of the issues and an adequate opportunity for the People to contest the specific grounds asserted for dismissal (id. at 256; see also People v. Santmyer, 255 AD2d 871, 872 [1998], lv denied 93 NY2d 902 [1999]). Because Criminal Court deprived the People of that opportunity, the order must be reversed (id.).

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