People v. Ainsworth

—Order entered September 6, 1983 in Supreme Court, New York County (Alfred Kleiman, J.), dismissing the first count in indictment number 3516/82, is unanimously reversed, on the law, the first count is reinstated and the matter is remanded for a new trial.

The People appeal from an oral order, made two months after declaration of a mistrial, which granted a defense motion to dismiss the top count in the indictment — murder in the second *358degree — but granted the People leave to resubmit to the Grand Jury the lesser charge of manslaughter in the second degree. Finding the evidence of defendant’s…