Petition unanimously granted and indictment dismissed.
Memorandum:
Petitioner brings this CPLR article 78 proceeding seeking an order prohibiting her retrial on an indictment which charges her with assault, second degree. The charge arises out of a neighborhood melee in which defendant allegedly jumped on the back of a uniformed police officer, pulled his hair and twisted his head so that others could strike him. During the second trial (the verdict in the...
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