People v. Stanback

Appeal by the People, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Gary, J.), dated October 23, 2015, as granted, in the interest of justice, that branch of the defendant’s oral motion which was to dismiss count one of the indictment, charging attempted murder in the second degree.

Ordered that the order is reversed insofar as appealed from, on the law, that branch of the defendant’s oral motion which was to dismiss count one of the indictment, charging attempted murder in the second degree, is denied, without prejudice to renewal, that count of the…