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PEOPLE v. KENNEDY

272 A.D.2d 627 (2000)

709 N.Y.S.2d 411

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOHN KENNEDY and RONALD HARTUNG, Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 30, 2000.

Ordered that the order is reversed, on the law, those branches of the defendants' motions which were to dismiss the indictment pursuant to CPL 210.35 (5) are denied, the indictment is reinstated, and the matter is remitted to the County Court, Nassau County, for further proceedings.

The defendants, correction officers with the Nassau County Sheriff's Department, were charged with assault in the third degree in connection...

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