PEOPLE v. CAMBRIDGE

Ordered that the order is reversed insofar as appealed from, on the law, that branch of the defendant's omnibus motion which was to dismiss the first count of the indictment is denied, the first count of the indictment is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings on the indictment (see, People v Timmons, 127 A.D.2d 806; see also, People v Blue, 173 A.D.2d 836). Bracken, J.P., Kooper, Lawrence and Miller, JJ., concur.