Ordered that the order is reversed insofar as appealed from, on the law, that branch of the defendant's motion which was to dismiss the second count of the indictment is denied, and the second count of the indictment is reinstated.
By indictment No. 1124/87, the defendant was charged with, inter alia, the crime of assault by operating a vessel in the second degree (see, Navigation Law § 49 [4] [b] [2]). Unbeknownst to the District Attorney, the...
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