Opinion
No. KA 09-00323.
July 2, 2009.
Appeal from an order of the Onondaga County Court (Joseph E. Fahey, J.), rendered October 15, 2008. 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.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR APPELLANT.
D.J. J.A. CIRANDO, ESQS., SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Present: Centra, J.P., Peradotto, Green, Pine and Gorski, JJ.
It is hereby ordered that said appeal is unanimously dismissed.
Same memorandum as in People v Gianni ( 64 AD3d 1176).