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The People of the State of New York v. Melissa Gianni

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


July 2, 2009

THE PEOPLE OF THE STATE OF NEW YORK,
APPELLANT,
v.
MELISSA GIANNI,
DEFENDANT-RESPONDENT.

Appeal from an order of the Onondaga County Court (Joseph E. Fahey, J.), rendered October 15, 2008.

911

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

20090702

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