NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT
April 30, 2010
THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT,
RAYMOND CLYDE, RESPONDENT. (APPEAL NO. 2)
Appeal from an order of the Cayuga County Court (Robert B. Wiggins, J.), entered December 28, 2007. The order, insofar as appealed from, granted in part defendant's motion for a trial order of dismissal and dismissed count one of the indictment.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 9, 2010
It is hereby ordered that the order so appealed from is affirmed.
Same memorandum as in People v Clyde (72 AD3d 1538 ).
All concur except Scudder, P.J., who dissents and votes to reverse the order insofar as appealed from in accordance with the same dissenting memorandum as in People v Clyde (72 AD3d 1538, 1539-1543 ).
Present---Scudder, P.J., Sconiers, Green and Gorski, JJ.
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