People v. Holmes

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

We cannot say that, upon dismissing count one of the indictment for insufficiency of the evidence, the Appellate Division took inappropriate action in ordering a new trial on the remaining counts, which the trial court had charged the jury not to consider if they found the defendant guilty under the first count. A reduction to reflect a conviction *978for a lesser included offense is not mandated in such event.* CPL 470.15 (subd2) provides in pertinent part that “ [t]he ways in which [an intermediate appellate…