People v. McDowell

Appeal by defendants from two judgments of the Supreme Court, Queens County (one as to each of them), both rendered January 27, 1977, convicting them of assault in the second degree, resisting arrest and obstructing governmental administra*949tion, upon a jury verdict, and imposing sentence. Judgments affirmed and case remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (subd 5). Although we are compelled, due to the overwhelming proof of guilt against both defendants, to affirm the judgments, it is necessary for us to comment on a stratagem of the…