People v. Smith

—Appeal from an amended order of Steuben County Court (Latham, J.), entered May 21, 2002, which, inter alia, granted defendant’s *1146motion in part and dismissed counts three and four of the indictment.

It is hereby ordered that the amended order insofar as appealed from be and the same hereby is unanimously reversed on the law, the motion is denied, counts three and four of the indictment are reinstated and the matter is remitted to Steuben County Court for further proceedings on the indictment.

Memorandum: We agree with the People that County Court erred in granting that part of defendant’s…