People v. McCarthy

Order unanimously reversed, on the law, and motion denied. Memorandum: The court erred in dismissing the indictment because of legal insufficiency.

The indictment charged defendant with reckless endangerment in the first degree (Penal Law § 120.25), criminal mischief in the fourth degree (Penal Law § 145.00 [1]), and falsely reporting an incident in the third degree (Penal Law § 240.50 [3]). The testimony before the Grand Jury was that shortly after 3:30 a.m. on October 13, 1985 Donald Perkins, while in TJ’s Tavern, had an altercation with defendant, who threatened his life. Perkins and his…