People v. Thomas

OPINION OF THE COURT

Memorandum.

On the court’s own motion, appeals consolidated for purposes of disposition.

Appeal from the order dated July 10, 2002 unanimously dismissed as superseded by order dated April 18, 2003.

Order dated April 18, 2003 unanimously modified on the law by providing that, upon reargument, defendant’s motion to dismiss the accusatory instruments is denied, accusatory instruments reinstated and matter remanded to the court below for all further proceedings.

On April 1, 2002, defendant was initially charged in separate accusatory instruments with assault in the third degree…