People v. Robinson

Appeal by the People, as limited by their brief, from so much of an order of the County Court, Dutchess County, dated June 7, 1973, as, upon defendant’s motion, dismissed the second count of the indictment, which charged assault in the first degree, in violation of subdivision 3 of section 120.10 of the Penal Law. Order reversed insofar as appealed from, on the law, and branch of defendant’s motion which was to dismiss the second count denied. Testimony given to the Grand Jury established that defendant, from a distance of about six feet, shot the complainant with a .22 caliber rifle and then…