Ordered that the order is reversed insofar as appealed from, on the law, those branches of the defendant's omnibus motion which were to dismiss the first count and the fourth through eighth counts of the indictment are denied, those counts of the indictment are reinstated, and the matter is remitted to the Supreme Court, Queens County for further proceedings consistent herewith.
We agree with the People that the Supreme Court erred in dismissing the assault charges...
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