Opinion
KA 03-02295.
December 31, 2003.
Appeal from an order of Cattaraugus County Court (Himelein, J.), entered April 25, 2001, which granted in part defendant's motion to set aside the jury verdict pursuant to CPL 330.30 and dismissed count six of the indictment operating a vehicle with an unsafe tire.
EDWARD M. SHARKEY, DISTRICT ATTORNEY, LITTLE VALLEY, FOR PLAINTIFF-APPELLANT.
D.J. J.A. CIRANDO, ESQS., SYRACUSE (MICKELLE A. OLAWOYE OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Before: PRESENT: GREEN, J.P., SCUDDER, GORSKI, LAWTON, AND HAYES, JJ.
ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed.