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PEOPLE v. HEISERMAN

No. 109 SSM 17.

39 N.Y.3d 988 (2022)

201 N.E.3d 1292

181 N.Y.S.3d 519

2022 NY Slip Op 07024

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MICHAEL HEISERMAN, Respondent.

Court of Appeals of New York.

Decided December 13, 2022.

Attorney(s) appearing for the Case

Jonathan J. Miller , Acting District Attorney, Malone ( Jennifer M. Hollis of counsel), for appellant.

G. Scott Walling , Slingerlands, for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to the Appellate Division for consideration of the facts and issues raised but not determined on the appeal to that Court.

Defendant was charged with assault in the second degree (Penal Law § 120.05[7]) based on allegations that while being processed for an arrest at the Franklin County Jail, he struck a police sergeant. The People's...

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