People v. Crespi

Appeal by the People from so much of an order of the County Court, Orange County (Freehill, J.), dated August 20, 2007, as, upon the defendant’s omnibus motion, dismissed count one of the indictment charging assault in the second degree on the ground that Penal Law § 120.05 (10) is unconstitutional.

Ordered that the order is reversed insofar as appealed from, on the law, and the matter is remitted to the County Court, Orange County, for further proceedings in accordance herewith.

Under the facts of this case, the County Court should not have passed upon the constitutionality of Penal Law §…