On November 6, 1988, a felony complaint was filed charging defendant with the assault of a correction officer during a disturbance at the Sullivan County Jail on November 5, 1988. On February 22, 1989, defendant was indicted on two counts of assault in the second degree (Penal Law § 120.05 [3], [7]) as a result of the November 1988 incident. On June 6, 1990, defendant, through his counsel, moved to dismiss the indictment on the ground...
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