It is hereby ordered that the order so appealed from is unanimously affirmed.
Memorandum: In appeal No. 1, the People appeal from an order insofar as it granted that part of defendant's omnibus motion to dismiss the first count of the indictment, charging defendant with assault in the second degree (Penal Law § 120.05 [9]) for allegedly causing physical injury to her seven-month-old child. That order insofar as appealed from was superseded by the order in appeal...
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