This is a motion for a trial order of dismissal, dismissing the first count of the indictment, which alleges attempted burglary in the second degree. Pursuant to CPL 290.10 (subd 1), the court reserved decision on the motion until after the verdict of the jury, to preserve the People's right to appeal and to permit appellate review of the legal issue. The jury convicted the defendant of the highest charge submitted to it under the...
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