People v. Johnson

Appeal by the People, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Clabby, J.), dated November 25, 1986, as, upon granting the defendant’s motion to dismiss the indictment, dismissed the second count of the indictment charging the defendant with unauthorized use of a vehicle in the third degree.

Ordered that the order is reversed insofar as appealed from, on the law, that branch of the defendant’s motion which was to dismiss the second count of the indictment is denied, and the matter is remitted to Supreme Court, Queens County, for further…