People v. Cruz

Order of the Supreme Court, New York County (Ryp, J.), entered February 15, 1984, which granted defendant’s motion to dismiss the superseding indictment, is modified, on the law, to reinstate the charges of the first indictment, namely, attempted murder in the second degree, burglary in the second degree and assault in the second degree (indictment No. 4705/82), and otherwise affirmed, and the matter is remanded to Trial Term for further proceedings.

Defendant was arrested on July 26, 1982, for assaulting his ex-wife and throwing her out a second-story window. She sustained fractures of both…