People v. Forino

Appeal by the People from an order of the County Court, Nassau County (Berkowitz, J.), entered February 14, 2006, which *830granted the defendant’s motion to dismiss the indictment against him to the extent of reducing the charge of attempted burglary in the second degree to the charge of attempted criminal trespass in the second degree.

Ordered that the order is reversed, on the law, the motion to dismiss is denied, the count of the indictment charging the defendant with the crime of attempted burglary in the second degree is reinstated, and the matter is remitted to the County Court, Nassau…