People v. Gianni

Appeal from an order of the Onondaga County Court (Joseph E. Fahey, J.), rendered December 1, 2008. The order, insofar as appealed from, upon reconsideration denied the People’s request for reinstatement of the first count of the indictment or, in the alternative, an order reducing the first count to the lesser included offense of attempted assault in the second degree.

It is hereby ordered that the order so appealed from is unanimously affirmed.

Memorandum: In appeal No. 1, the People appeal from an order insofar as it granted that part of defendant’s omnibus motion to dismiss the first count…