People v. Montanez

Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered December 13, 1983, convicting defendant, after a jury trial, of assault in the third degree (Penal Law § 120.00 [1]) and sentencing him to a term of three years’ probation, unanimously reversed, on the law, and the indictment dismissed, without prejudice to further proceedings.

Defendant was tried on an indictment which charged him with assault in the first degree and criminal possession of a weapon in the fourth degree. At trial, he interposed a defense of justification. At the close of the case, the People requested that…