Judgment of conviction unanimously reversed on the law and facts, and a new trial granted.
Memorandum:
The defendant has been convicted of assault, second degree, in violation of subdivision 5 of section 242 of the Penal Law. An altercation arose between defendant and two police officers in connection with the efforts of the latter to have defendant move his automobile. After this had been accomplished, the officers returned to their car and were followed...
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