People v. Gabbidon

OPINION OF THE COURT

Michael L. Pesce, J.

Defendant moves to dismiss the indictment on the ground that an attempted murder in the first degree committed while in the course and furtherance of a designated felony is not a *227cognizable crime and to dismiss indictment No. 6930/96 on the ground that it has been superseded by this indictment.

In deciding this motion, the court has considered defendant’s motion, the People’s affirmation in opposition and the court file.

Background

On May 8, 1996 defendant allegedly broke into the home of Mary and William McGarrigle. While in the home, he allegedly took…