Update Smart Group Counts throws a syntax error (AND instead of WHERE)

This is a bit of a corner case. This is reproduced in http://d46.demo.civicrm.org.

Go to Contacts => Manage Groups

Click on Update Smart Group Counts (left side below the Find Groups box)

It will error with a syntax error. It errors on the smart group LYBUNT.

This smart group was created with Search => Custom Searches => Contributions made in Year X and not Year Y.

I'm not sure how to get the sql error from demo but from my system here is the sql. The first AND should be a WHERE.

CREATE TEMPORARY TABLE civicrm_temp_group_contact_cache886 (SELECT 65 as group_id, contact_a.id as contact_id FROM CustomSearch_SYBNT_temp as contact_a AND contact_a.id NOT IN ( SELECT contact_id FROM civicrm_group_contact WHERE civicrm_group_contact.status = 'Removed' AND civicrm_group_contact.group_id = 65 ) );