
    The People of the State of New York, Appellant, v Raymond Clyde, Respondent.
    (Appeal No. 2)
    [898 NYS2d 906]
   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.  