Ordered that the order is reversed, on the law and as a matter of discretion, that branch of the motion which was to dismiss the count of the indictment charging assault in the second degree is denied, that count of the indictment is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings before a different Justice.
The defendant claims that the felony charge of assault in the second degree was properly dismissed in the...
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