SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
July 2, 2009
THE PEOPLE OF THE STATE OF NEW YORK,
Appeal from an order of the Onondaga County Court (Joseph E. Fahey, J.), rendered October 15, 2008.
MEMORANDUM AND ORDER
PRESENT: CENTRA, J.P., PERADOTTO, GREEN, PINE, AND GORSKI, JJ.
(APPEAL NO. 1.)
The order, insofar as appealed from, granted that part of defendant's omnibus motion to dismiss the first count of the indictment, charging defendant with assault in the second degree. It is hereby ORDERED that said appeal is unanimously dismissed. Same Memorandum as in People v Gianni ([appeal No. 2] ___ AD3d ___ [July 2, 2009]).
Patricia L. Morgan Clerk of the Court
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