People v. Prue

Order unanimously reversed on the law, motion denied, indictment reinstated and matter remitted to Onondaga County Court for further proceedings on the indictment. Memorandum: The People appeal from an order dismissing counts one through six of the indictment. Counts one and two of the indictment charge defendant with assault in the second degree in violation of Penal Law § 120.05 (2). County Court erred in dismissing those counts upon the ground that the People failed to present evidence legally sufficient to establish that, in the manner in which they were used, a belt and wall constituted…