Appellate Division of the Supreme Court of the State of New York March 30, 2006 (People v. Muir)

Spain, J.P.

Appeal from an order of the County Court of Broome County (Smith, J.), entered September 24, 2003, which, inter alia, granted defendant’s motion to dismiss count two of the indictment.

*1019Defendant was charged in a four-count indictment with various crimes arising out of a November 2002 personal injury automobile accident.