Judgment unanimously reversed, on the law, and indictment dismissed without prejudice to the People re-presenting any appropriate charges to another Grand Jury.
Memorandum:
In April of 1976 defendant was indicted on two counts of burglary in the first degree and one count of assault in the second degree. A jury found defendant not guilty on both burglary counts and not guilty of assault in the second degree or the lesser included charge of assault in the third...
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