People v. Taylor

Leventhal, J.,

dissents, and votes to reverse the judgment appealed from, on the law and as a matter of discretion in the interest of justice, and to dismiss counts three and four of the indictment, with the following memorandum, in which Santucci, J., concurs: I respectfully dissent. Although the trial court initially provided the jury with the correct charge in describing the elements of the crime of falsely reporting an incident in the third degree (see Penal Law § 240.50 [3] [a]), the trial court subsequently erred when it later omitted the element that the false report must be…