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PEOPLE v. BOWEN

2018-14675. Ind. No. 1567/17.

196 A.D.3d 501 (2021)

149 N.Y.S.3d 256

2021 NY Slip Op 04236

The People of the State of New York, Respondent, v. Christopher Bowen, Appellant.

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

Decided July 7, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , New York, NY ( David Crow , and Selendy & Gay PLLC [ Margaret Larkin , Sean Baldwin , Greg Wolfe , and David Coon ], of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove , and Camille O'Hara Gillespie , of counsel), for respondent.

Rivera, J.P., Hinds-Radix, Miller and Wooten, JJ., concur.

Ordered that the judgment is reversed, on the law, the indictment is dismissed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent with CPL 160.50.

The defendant was charged in an indictment, inter alia, with assault in the second degree under Penal Law § 120.05(12) in connection with a February 2017 incident during which he walked up behind the then 73-year-old complainant on a public street and grabbed him around...

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