The motion comes from the defense. I agree, the judge will deny the motion. But O'Mara will put her in the spot of having to consider it, and having to deny it. It is a very strong point for appeal, for O'Mara.
Not sure her rejection of a motion to dismiss would be a reversible error. The charge of 2nd degree murder also incorporates lesser offenses, no? I could see her issue a ruling where 2nd degree would be off the table as not proved but that the trial should continue so the jury could consider lesser included charges. IANL