OPINION OF THE COURT
MARK D. ZUCKERMAN, J.
The defendant in this matter, Robert Prato, was, ultimately, charged with two counts of assault in the third degree, one count of criminal mischief in the fourth degree, and one count of resisting arrest (Penal Law § 120.00 [1], [2]; §§ 145.00, 205.30, respectively). Each of these charges arose from the same incident, which transpired on August 9, 1996. Five other individuals (Cassino, Aviles, Marrone...
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