People v Clyde

2010 NY Slip Op 03568 [72 AD3d 1543]

April 30, 2010

Appellate Division, Fourth Department

As corrected through Wednesday, June 9, 2010

The People of the State of New York, Appellant, v RaymondClyde, Respondent. (Appeal No. 2)

—[*1]Jon E. Budelmann, District Attorney, Auburn (Christopher T. Valdina of counsel), forappellant.

Raymond Clyde, defendant-respondent pro se.

David P. Elkovitch, Auburn, for defendant-respondent.

Appeal from an order of the Cayuga County Court (Robert B. Wiggins, J.), enteredDecember 28, 2007. The order, insofar as appealed from, granted in part defendant's motion for atrial order of dismissal and dismissed count one of the indictment.

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

Same memorandum as in People v Clyde (72 AD3d 1538 [2010]).

All concur except Scudder, P.J., who dissents and votes to reverse the order insofar asappealed from in accordance with the same dissenting memorandum as in People vClyde (72 AD3d 1538, 1539-1543 [2010]). Present—Scudder, P.J., Sconiers, Greenand Gorski, JJ.