People v. Clyde

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.

It is hereby ordered that the order so appealed from is affirmed.

Same memorandum as in People v Clyde (72 AD3d 1538 [2010]).

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 [2010]). Present—Scudder, P.J., Sconiers, Green and Gorski, JJ.