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PEOPLE v. MERHIGE

40 A.D.2d 223 (1972)

The People of the State of New York, Appellant, v. George J. Merhige, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 28, 1972.

Attorney(s) appearing for the Case

Con G. Cholakis, District Attorney (Peter R. Kehoe of counsel), for appellant.

M. Andrew Dwyer, Jr., for respondent.

STALEY, JR., J. P., COOKE, SIMONS and KANE, JJ., concur.

SWEENEY, J.

This is an appeal from an order of the County Court of Rensselaer County, entered October 18, 1971, which granted defendant's motion to dismiss the indictment.

By two separate indictments, defendant was charged with assault third degree and resisting arrest involving incidents which allegedly occurred on December 24 and 25, 1969. On June 9, 1971 defendant was tried and acquitted on the assault...

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