People v. Westbrook

Appeal by the People from an order of the Supreme Court, Queens County (Friedmann, J.), dated March 27, 1991, which, upon the court’s acceptance of a partial jury verdict acquitting the defendant of criminal possession of a weapon in the second degree, granted those branches of the defendant’s motion pursuant to CPL 310.70 (2) (a) which were to dismiss the remaining count of Queens County Indictment No. 5386/89 charging him with murder in the second degree and the submitted lesser included offense of manslaughter in the first degree.

Ordered that the order is reversed, on the law, those…