Ordered that the judgment is reversed, on the law, and a new trial is ordered.
The defendant was arrested as she exited her apartment building while police prepared to execute a search warrant at her residence. As several officers attempted to handcuff the defendant, she allegedly bit one of the officers and taunted him by declaring that she was infected with AIDS. The defendant was thereafter charged with, inter alia, assault in the second degree pursuant to Penal...
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