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PEOPLE EX REL GRAY v. TEKBEN

86 A.D.2d 176 (1982)

The People of the State of New York ex rel. James Gray, Appellant, v. Erdogan Tekben, as Director, Mid-Hudson Psychiatric Institute, Respondent

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

April 19, 1982

Attorney(s) appearing for the Case

Malvina Nathanson and Caesar D. Cirigliano for appellant.

Mario Merola, District Attorney (Alan D. Marrus of counsel), for respondent.

TITONE, LAZER and GIBBONS, JJ., concur.

DAMIANI, J. P.

The petitioner was indicted by the Grand Jury of Bronx County for assault in the second degree under subdivision 3 of section 120.05 of the Penal Law in that on September 8, 1980, with intent to prevent a peace officer from performing a lawful duty, he caused physical injury to Corrections Officer David Rivera. Thereafter petitioner served a notice upon the District Attorney of The Bronx indicating...

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