Appeal by the People from an order of the District Court, Suffolk County

(L. Donohue, J.), dated April 19, 2003, dismissing the accusatory instrument in the furtherance of justice.

Order unanimously reversed on the law, accusatory instrument reinstated and defendant's motion to dismiss in the interest of justice denied without prejudice to renewal upon proper papers.
A motion by a defendant to dismiss an information in the interest of justice
(CPL 170.30 [1] [g]; 170.40 [1]) must, absent waiver, be made in writing and upon
reasonable notice to the people (CPL 170.45, 210.45; see People v Jennings, 66 NY2d 103, 113 [1966]). In the case at bar, the record indicates that the People advised the court that defendant's motion should be in writing, that they would like to argue the motion and that their CPL 30.30 time had not been exhausted. In view of the foregoing, the People did not waive their entitlement to written notice of the motion (see People v Jennings, 66 NY2d 103, supra). Accordingly, the defendant's motion should have been denied. [*2]
Decision Date: April 01, 2004