People v. Muir

Spain, J.P.

Appeal from an order of the County Court of Broome County (Smith, J.), entered September 24, 2003, which, inter alia, granted defendant’s motion to dismiss count two of the indictment.

*1019Defendant was charged in a four-count indictment with various crimes arising out of a November 2002 personal injury automobile accident. In September 2003, upon motion by defendant, County Court dismissed count two of the indictment, charging vehicular assault in the second degree, on the ground that it was duplicitous. The within appeal is the People’s appeal from that order.

After two years passed…