PEOPLE v. LEAHY


135 A.D.2d 571 (1987)

The People of the State of New York, Appellant, v. Thomas Leahy, Respondent

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

December 7, 1987


Ordered that the order is reversed, on the law, the motion is denied, and the indictment is reinstated.

On August 11, 1985, the defendant, an off-duty New York City Housing Authority police officer, was assaulted outside his residence by five individuals. On that same date, the five alleged assailants were charged in a criminal complaint with assault in the second degree. Thereafter, the Nassau County District Attorney sought an order pursuant to County Law §...

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