Judgment unanimously reversed, without costs, and petition granted in accordance with the following memorandum: On Sunday, July 30, 1972 relator was arrested at his home in the Town of Lima, Livingston County, New York, charged with assault first degree, a felony, in violation of subdivision 3 of section 120.10 of the Penal Law. The accusatory instrument alleges that relator earlier that day had fired a rifle at a 1967 Rambler, the "bullet going through said vehicle and striking...
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