People v. Pabellon

—Order of the Supreme Court, Bronx County (Joseph Fisch, J.), entered on or about December 22, 1992, which, inter alia, granted the defendant’s motion to dismiss the first count of Indictment Number 6297/92 charging defendant with attempted murder in the second degree, unanimously reversed on the law and the facts, and the first count of the indictment is reinstated.

The victim testified before the grand jury that the defendant, after being refused a sip of the victim’s beer, said he would "whack” the victim if the victim did not give him the beer. Moments later when the victim attempted to…