People v. Fernandez

OPINION OF THE COURT

Abraham G. Gerges, J.

Defendant moves to dismiss the indictment on the grounds that: (1) the evidence before the Grand Jury was insufficient; *940(2) attempted murder in the first degree under Penal Law § 125.27 (1) (a) (viii) is not a cognizable crime in the absence of at least one death; and (3) the three counts of attempted murder in the first degree in the indictment are multiplicitous.

In determining this motion, the court has considered defendant’s original motion, the People’s affirmation in opposition, defendant’s reply memorandum, the People’s letter in response, the…