Judgment unanimously reversed on the law and new trial granted.
Memorandum:
Defendant appeals from a judgment convicting him of two counts of assault in the third degree. Defendant was arrested for driving while intoxicated and reckless operation and, while at the police station, he was handcuffed to the wall when he refused to be seated. At trial, the police officers testified that, while transporting defendant to the county jail, he assaulted them. Defendant...
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