Ordered that the order is affirmed.
The defendant's moving papers contained sworn allegations of all the facts essential to support that branch of her motion which sought to dismiss the indictment pursuant to CPL 30.30 (1) (a). The People conceded these allegations of fact by totally failing to respond to them in their papers submitted in opposition to the defendant's omnibus motion (see, People v Gruden, 42 N.Y.2d 214). Thus the court was required to summarily grant that branch of the defendant's motion and dismiss the indictment (see, CPL 210.45; People v. Gruden, supra; People v. Gonzalez, 116 A.D.2d 735; People v. Melendez, 92 A.D.2d 904).
In light of our determination we need not reach the remaining issues raised by the People on appeal. Niehoff, J.P., Kunzeman, Kooper and Sullivan, JJ., concur.