Order reversed insofar as appealed from on the law, those branches of the motion denied, and indictments reinstated as against defendants Cuneo and Giordanella. The matter is remitted to the Supreme Court, Queens County, for determination of the remaining branches of their omnibus motion.
This case is before us on appeal from an order of Criminal Term which granted those branches of defendants' omnibus motion which sought to dismiss the indictments on the ground that the evidence before the Grand Jury was not legally sufficient to establish the offenses charged or any lesser included offenses (CPL 210.20 [b]). On such a motion, the standard of judicial scrutiny is whether there is "competent evidence which, if accepted as true, would establish every element of an offense charged and the defendant's commission thereof" (CPL 70.10; see, People v Schwartz, 90 A.D.2d 800). Viewed in a light most favorable to the People (see, People v. Warner-Lambert Co., 51 N.Y.2d 295, 299, cert denied 450 U.S. 1031), the evidence was sufficient to sustain the charges against defendants Cuneo and Giordanella. The indictments were therefore improperly dismissed. Gibbons, J.P., Weinstein, Eiber and Kooper, JJ., concur.