People v Gianni
2009 NY Slip Op 05443 [64 AD3d 1175]
July 2, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 2, 2009


The People of the State of New York, Appellant, v Melissa Gianni, Respondent. (Appeal No. 1.)

—[*1] William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel), for appellant.

D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of counsel), for defendant-respondent.

Appeal from an order of the Onondaga County Court (Joseph E. Fahey, J.), rendered October 15, 2008. The order, insofar as appealed from, granted that part of defendant's omnibus motion to dismiss the first count of the indictment, charging defendant with assault in the second degree.

It is hereby ordered that said appeal is unanimously dismissed.

Same memorandum as in People v Gianni (64 AD3d 1176 [2009]). Present—Centra, J.P., Peradotto, Green, Pine and Gorski, JJ.