Order unanimously reversed on the law and indictment reinstated.
Memorandum:
The District Attorney appeals from an order of County Court which severed and dismissed as to respondent an indictment charging respondent and his brother jointly with violations of subdivision 3 of sections 120.05 and 205.30 of the Penal Law on July 2, 1971. The charges arose out of an altercation with police officers. The respondent was originally charged with these two felonies...
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