Ordered that the judgment is affirmed and the case is remitted to Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).
The defendant, who at the time of this incident was a New York City police officer, was convicted of two counts of assault in the second degree in connection with an assault upon the complainant who, at the time of the assault, was under arrest and in custody in a police precinct. Under the first count, the defendant was...
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