It is hereby ordered that the order so appealed from is unanimously reversed on the law, the motion is denied, the indictments are reinstated and the matter is remitted to Monroe County Court for further proceedings on the indictments.
Memorandum:
We agree with the People that County Court erred in granting the motion of defendants insofar as it sought in the alternative to reduce the indictments charging them with assault in the third degree as a hate crime...
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