People v. Carpenter , 702 N.Y.S.2d 228 ( 2000 )

Mercure, J. P.

(dissenting). I respectfully dissent and would affirm County Court’s order for the reasons stated in the opinion of Judge Emerson R Avery, Jr.

Ordered that the order is modified, on the law, by reversing so much thereof as granted the motion to dismiss the second count of the indictment; motion regarding said count denied, said count reinstated and matter remitted to the County Court of Cortland County for further proceedings not inconsistent with this Court’s decision; and, as so modified; affirmed.