People v Clyde

People v Clyde 2010 NY Slip Op 03568 [72 AD3d 1543] April 30, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 9, 2010

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

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

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.), entered December 28, 2007. The order, insofar as appealed from, granted in part defendant's motion for a trial 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 as appealed from in accordance with the same dissenting memorandum as in People v Clyde (72 AD3d 1538, 1539-1543 [2010]). Present—Scudder, P.J., Sconiers, Green and Gorski, JJ.