People v. Spector

OPINION OF THE COURT

Order entered on or about August 5, 1999 reversed, on the law, defendants’ motion denied, accusatory instrument reinstated, and matter remitted to Criminal Court for further proceedings.

By felony complaint dated July 1, 1998, defendants where charged with riot in the first degree (Penal Law § 240.06), a class E felony, and related offenses, based upon their participation in a June 30, 1998 union protest demonstration that erupted into violence. In January 1999, after the People sought to reduce the first degree riot charge to second degree riot (Penal Law § 240.05), a…